The performance of the courts in the digital era: The case of insolvency and restructuring proceedings

DOIhttp://doi.org/10.1002/iir.1390
Date01 December 2020
AuthorAna Filipa Conceição,Paula Fernando,Catarina Frade
Published date01 December 2020
RESEARCH ARTICLE
The performance of the courts in the digital
era: The case of insolvency and restructuring
proceedings
Catarina Frade
1
| Paula Fernando
2
| Ana Filipa Conceiç~
ao
3
1
University of Coimbra, Centre for Social
Studies and Faculty of Economics,
Coimbra, Portugal
2
University of Coimbra, Centre for Social
Studies and the Permanent Observatory
for Justice, Coimbra, Portugal
3
Polytechnic Institute of Leiria, School of
Technology and Management, Leiria,
Portugal
Correspondence
Catarina Frade, Faculty of Economics,
University of Coimbra, Coimbra,
Portugal.
Email: cfrade@fe.uc.pt
Abstract
The performance of the courts has been at the center of
both political and public debates around the world and
is one of the success indicators in the development of
public policies on access to law and justice, particularly
as regards the right to obtain a decision in reasonable
time. The introduction of new information and commu-
nication technologies has been essential in extending
this access to law and justice in two ways: as a way of
making courts function more efficiently; and as an
instrument for measuring and assessing the level of com-
pliance with established policy objectives. Anchored in
this computerization of justicemovement, we intend
to analyze its role in the overall performance of the
courts in an important and central area for the economy
and the functioning of the markets: corporate insolvency
and restructuring. In order to achieve this purpose, a
series of interviews was carried out with several key judi-
cial players and stakeholders. What has been found in
this research showsthat day-to-day reality is not yet fully
in line with policy purposes and legal provisions. Tech-
nologies still play an ambivalent role: despite
streamlining processes, they raise new difficulties and
challenges that require constant improvements.
DOI: 10.1002/iir.1390
© 2020 INSOL International and John Wiley & Sons Ltd
346 Int Insolv Rev. 2020;29:346359.wileyonlinelibrary.com/journal/iir

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