Digital Transformation in Justice: Discussion of Challenges and

Conceptual Model for -Justice Success

Maroun Jneid1, Imad Saleh2 and Rania Fakhoury3
1
TICKET Lab., Antonine University, Hadat-Baabda, Lebanon
2
Laboratoire Paragraphe (EA 349), Université Paris-8, Saint-Denis, France
3
Lebanese University, Hadat, Lebanon
maroun.jneid@ua.edu.lb
imad.saleh@univ-paris8.fr
rania@rania.mobi
10.34190/ECDG.19.051

Abstract: E-justice projects are facing major challenges in different countries although results from these projects differ by
country. Obviously, a better understanding of stakeholders’ expectations, and their outlooks towards e-justice is an
important research issue. This article analyses challenges facing digital transformation in justice based on a case-study
research methodology, then proposes a conceptual model of e-justice success that places domain specific characteristics as
the core for any e-justice strategy. The result is a domain specific conceptual model for success that extends generic e-
government and on Information Systems success models. This model contributes to success of digital transformation
projects in justice undertaken by governments, local and international organizations working in the field of support to the
modernization and capacity building of the administration of justice in countries at different stages of development more
specifically under-development. It also reinforces the existing literature on digital transformation in justice since it is almost
non-existent. Firstly, we present the specificities of the European judicial system, secondly we describe developments in e-
justice, and thirdly we discuss some major challenges faced in some e-justice projects in countries in Europe and eventual
transformation in the functioning of the judicial system through new technologies. Finally, we present and discuss the
conceptual model by describing key factors contributing to e-justice success.

Keywords: e-justice success factors, e-justice challenges, evaluation of e-justice, judicial digital transformation, justice
modernization, citizen satisfaction, judicial information quality

1. Introduction
The transformation of the justice sector through information and communication technologies (ICT) to e-
justice or (digital justice) results in an improvement of its efficiency, effectiveness, accountability, integrity,
reliability and encouraging participation and citizen engagement (United Nations, 2018). The UN stressed that
ICTs must be used in an innovative way to ensure the achievement of the 2030 Sustainable Development Goals
to promote the development of effective, accountable and inclusive institutions at all levels. However, for
most Member States, the capacity of their digital government is not sufficient to support their efforts to
implement the Sustainable Development Goals (Janowski, 2016).

Current developments in e-justice such as computer-generated demonstrations and electronic filing have
improved presentations and resulted in clearer and more organized case management.

The new technologies expected in the next five years will have benefits for the judiciary and the government.
These technologies are mainly analytics, intelligent machines and security (Gartner Inc., 2016). However, the
use of these technologies in the justice system has issues related to governance, human resource management
and funding practices. In this perspective, ICT experts play a key role in supporting decision-making in
government and legislators.

In practice, e-government projects have been more successful in countries with strong institutions. Although
project performance varies from country to country, project results are strongly related to the quality of
government institutions. This quality can be measured by governance indicators such as a. voice and
responsibility b. political stability and the absence of violence c. government effectiveness d. regulatory quality
and e. control of corruption (World Bank Group, 2018), (Zhu & Kindarto, 2016).

While the existing literature focuses the most on digital government and information systems projects in
general, less research efforts are put to understand domain specific factors that are putting challenges on the
success of its digital transformation. Also, considering that the justice administration is considered critical and

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sensitive because it is managing critical data in civil, criminal and administrative judicial processes. This
explains the difficulties faced in proceeding with observations and qualitative and quantitative research
approaches.

This paper describes the measurement of e-justice development, analyses challenges facing digital
transformation in justice then try to answer the question of the contextual factors contributing to success and
validity of digital transformation projects in justice. This highlights the importance of our domain specific
research contributing to success of the support to the modernization of the justice administration.

In this article we first describe the specificities of the European judicial system that influence the acceptance
and satisfaction of e-justice. Secondly, we present the development dimensions of e-justice, and thirdly, we
discuss some lessons learned from e-justice and e-government experiences in countries in Europe and Africa.

Next, we present new rapidly evolving technologies that could transform the functioning of the justice system.
Finally, we present a conceptual model for success of e-justice projects by presenting key factors for success
and validity measurements of these projects.

This multidimensional model can be a possible answer to our research question about domain factors
contributing to success and validity of digital transformation in justice.

2. Methodology
To get the best possible answers to the research question, we focus in this article on challenges facing digital
transformation in justice based on case study methodology, including records and physical artifacts as multiple
source of evidence (Gillham, 2000). ICT innovation research in the justice sector relies on case studies analysis,
they offer rich and realistic lessons to learn from (Contini & Lanzara, 2008). The selected evidences, as a
narrative account (Yin, 2017), focus on the most relevant aspects of digital transformation, by considering
institutional, organizational and technological aspects.

3. Literature review

3.1 The specificities of the European judicial system: satisfaction of e-justice

The Napoleonic Code or the French civil code, the first modern civil code that influences many countries. It has
also influenced developing countries outside Europe, especially in the Middle East, attempting to modernize
their countries through legal reforms (Ismail, 2016).

We highlight three major features that characterize the judicial system in Europe and inherent systems in
other countries. a. Governance b. The complementary roles of the Ministry of Justice and the Supreme Judicial
Council c. Independence and autonomy of judges and prosecutors. These specificities are explained as follows.

It is often justified that since the fields of law and justice are very bureaucratic and at the same time linked by
a multitude of procedures, the resistance to change is strong (Delone & McLean, 2003). Traditionally, the
career of judges and prosecutors is based primarily on their seniority.

In many countries, the governance of the justice system is too centralized. The Ministry of Justice and the
Judicial Council have overall responsibility for the organization and functioning of the courts and prosecutor's
offices. The main roles of the Ministry of Justice are focused on management and service provision including
the development and deployment of ICT in judicial services. However, the recruitment, assignment, transfer,
career advancement and disciplinary measures for judges and prosecutors are managed centrally by the
Judicial Council. Thus, the administration of justice by several public administrations and governing bodies in
has been a hindrance to the development of e-justice through lack of coordination and conflict of power
(Martínez & Abat, 2009).

The independence of judges is also guaranteed by the constitutional principle of the judiciary independence
and should be guaranty by any digital transformation. The functional autonomy given to judges to organize,
leads to different practices and increases the cost of coordination. Meanwhile, the work of the administrative
staff of the courts is more standardized which facilitates the coordination.

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3.2 Measurements of e-justice developments

The judicial sector is based on intensive information to function. That said, the use of ICT will have a direct
impact on the functioning of this system as their by the administrations of the sector defines the framework of
e-justice or digital justice.

E-justice applications can be classified into two categories: Justice to Justice; (J2J) and Justice-to-Citizen (J2C).
J2J category includes all applications that automate the internal activities of the judicial system and digitize the
communication and interaction between the various actors in the justice system (e.g. courts, courts and the
Ministry of Justice, courts and the judiciary, the Supreme Judicial Council, judges and lawyers, etc.). J2C
category includes all applications used for the electronic delivery of services to citizens (portals, online
services, mobile apps, etc.). In other words, the first category includes back office applications, while the
second category includes applications that support front office activities (Agrifoglio, et al., 2013).

Moreover, indices to measure the development of e-justice in a country (CepeJ, 2016) are categorized
according to the categories below:

1. The availability and efficiency of hardware, network and security components;

2. The direct assistance information system for judges, prosecutors and court staff (decision writing,
centralized criminal case law, legislative and case law databases, online training tools);
3. The court administration and case management information system (case management information
system, digitized records, statistical tools, decision support tools);
4. The system of communication between courts, professionals and / or users of the courts (transmission
of summons by digital means, possibility of following the steps of an online court procedure, digital
communication between the courts and lawyers, videoconference between courts, professionals and /
or users);
5. Organization and governance of information systems (responsible organizational structure,
management of digital transformation projects, security of information systems in courts, protection
of personal data);
6. The legislative framework governing the different uses of information technology;
7. The court evaluation and judicial performance measurement tools.

3.3 Transforming justice functioning with new technologies

The Fourth Industrial Revolution and the Convergence of Innovative Technologies, such as Big Data, Internet of
Things (IoT), Cloud Computing, Geospatial Data and Broadband, Artificial Intelligence (AI) and Machine
Learning are favoring more data-driven and machine-based decisions, while development problems and social
inequalities continue to grow. Disruptive technologies, including predictive analytics, create unanticipated
opportunities in many government sectors, including health, safety, health management and the environment.

The speed with which these new technologies evolve provides a historic opportunity for governments and the
justice sector for sustainable development and offer great potential for the judicial system of the future and
the reform of its functioning. Below, we present some of these technologies and trends:

x Data, intelligent applications and analytics, we are talking here about predictive justice and artificial
intelligence. Also, about technology reliability predictions models (Saadeh, et al., 2019);
x Mixed reality (virtual and augmented) refers to 3D visualization devices through a dedicated headset;
x The Blockchain which is a technology of storage and transmission of information, transparent, secure,
and which works without a central control organ;
x Sustainable development by running innovation processes by performance (Jneid & Saleh, 2015).

The debate has already been launched on possible transformations of the functioning of the judicial system by
these new technologies. However, we must not forget to consider the key factors essential to the success of
these transformations.

4. Challenges facing e-justice projects in several countries – case studies

The analysis of e-justice and digital transformation projects in the countries is a difficult task for lack of
possibility of collecting relevant information on this subject. However, several studies expose the lessons

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learned from such projects and the difficulties encountered during their implementation as well as the
weaknesses observed due to lack of collaboration between the different actors of the judicial system. An
excerpt from some e-justice projects is presented below.

E-justice in Spain: Despite the diversified use of ICTs in the administration of justice in Spain, ranging from the
processing of judicial information to the management of judicial files and the relations between the
administration of justice and other judicial actors (lawyers, prosecutors, experts, witnesses), the organizational
model of the administration of justice and, consequently, its functioning has not changed much. Although
several reasons explain this situation, the main ones are the resistance to change and the lack of coordination
between the different actors with competences in this field (Martínez & Abat, 2009).

E-justice in Italy: Previous studies (CepeJ, 2016) show that the Italian judicial system faces performance
problems comparing with other developed countries (Lepore, et al., 2019). Although e-justice initiatives have
started since the 1980s by the Ministry of Justice, judges and prosecutors still operate within a network of
relationships that are sometimes weakly or sometimes strongly linked. This relation concerns the existing
collaboration between the judges, the prosecutors and the functional hierarchy of the court. On the contrary,
the bureaucratic administrative work performed by several organizational units is highly standardized. This gap
leads to variances in the application of e-justice. In this case, e-justice has sometimes complicated the work. It
thus has a negative effect in a weakly coupled organization, but a positive effect in a strongly coupled
organization (Martínez & Abat, 2009).

E-justice in Russia: Russia's experience shows that if a court's website is well-designed and maintained with
relevant information, it can improve the image of the justice system in the eyes of the public. This accessibility
to judgments by the public puts pressure on judges to formulate and argue judgments in a way that is readable
and comprehensible to the general public.

E-justice at the EU level: The commission recommended the implementation of a Justice Portal a onestop
shop for information on European justice and access to judicial procedures in the Member States in the EU
eGovernment Action Plan 2016/2020. The e-Codex (e-Justice Communication via Online Data Exchange), a
project started in 2010, provides easy access to cross-border justice for citizens, business and legal
professionals all over Europe. Most challenges are mainly related to governance, interoperability technologies
including different standards and protocols used by members stated and electronic signatures methodologies
(Carboni, N. & Velicogna, M. 2011).

5. Success and measurements factors in e-justice projects: a conceptual model

The existing literature in academic journals on the success factors in e-justice projects is, understandably,
almost non-existent since it focuses more on e-government and on Information Systems projects, and the e-
justice is considered a subset of the e-government. Some studies have identified risk factors in e-government
information systems. They are mainly related to inadequately developed and maintained and sometimes silos
information systems, weak network, hardware and security infrastructure, language and communication, lack
of coordination between local and national e-government initiatives, lack of alignment between the business
processes and procedures on one hand, and information systems on the other, the development of
performance indicators to assess the quality of e-services provided, lack of trust in ICT (Fakhoury and Aubert,
2015; Fakhoury and Baker, 2016) and inexistent awareness of the citizens for the benefits of use e-government
services (Jaeger and Thompson, 2003). Also, risks factors were identified that are due to a poor design,
development and implementation of e-justice information systems, and in knowledge gap between the design
team and the users (Rosa, et al., 2013).

5.1 Conceptual model for e-justice success

The main objective of e-justice should be the improvement of access to justice and the frequent and recurring
use of electronic services by justice stakeholders not only for obtaining information but also for completing a
judicial service. Also, the success and effectiveness of e-justice are key to measuring the return on European
investments made to improve the performance of the justice system (CepeJ, 2016).

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 Maroun Jneid, Imad Saleh and Rania Fakhoury

In fact, information systems projects have a hidden complexity and their main objective is to improve current
business processes and users’ satisfaction. Thus, to ensure the success of e-justice, several key factors must be
taken into consideration throughout the project.

In this study, we propose a conceptual model that seeks to reduce the gaps of the existing models on
Information systems and e-government and add a domain specific dimensions related to justice. Some of the
variables used in this model are used from the studies on Information Systems and e-government success.
Independence of judges and functional autonomy given to them are considered to have a direct influence on
e-justice acceptance mainly in J2J, while justice administration quality of services affects administrative staff
and citizen satisfaction, which contributes to satisfaction in J2C projects.

The relationship between the dimensions of the model are presented in Figure 1. Each dimension, as depicted
in the model, is discussed below.

1. Technological dimension: This includes the quality of the input and output information, and the
presence and compatibility of the corresponding software and hardware infrastructure.
2. Human resources dimension: This level brings together the existing organizational culture, the
contribution of users (judicial, administrative and citizens), their training and the presence of qualified
human resources.
3. Organizational dimension: This level refers to the existing organizational structure and its flexibility,
the commitment of top management on this project, the clear objectives, the financial and temporal
resources and the control and continuous monitoring.

Then, a validity measurement model can be applied on the e-justice project. The dimensions of the success’
measurements have been ranked (Delone & McLean, 2003) and connected (Agrifoglio, et al., 2013) in six
categories especially in the context of Justice to Justice J2J. Figure 2 shows the relationship between the two
layers of the measurements of success. Each layer and its variables are discussed hereafter.

Figure 1: Conceptual model for e-justice success

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 Maroun Jneid, Imad Saleh and Rania Fakhoury

E-Justice
factors

E-Government
factors

Figure 2: Success validity factors pyramid

E-Government success validity factors as aligned with Information System success factors model proposed and
updated by (Delone & McLean, 2003):

1. The quality of the information system and the measurements of the system itself; Usability,
availability, reliability, adaptability and response time.
2. The quality of the information and the measurements of the output of the information system;
Personalized, complete, relevant, understandable and secure.
3. The quality of the service and the measurements of this quality; the support delivered by the service
provider, either internal or external to the justice administration.
4. The use of information, the exploitation of the user of the information output by the information
system; The navigation, the information retrieval and the execution of a transaction.
5. The satisfaction of the user, the response of the recipient to the use of the output of the information
system; the user experience and motivation.
6. Net benefit, combines the balance of the positive and negative impact on individuals and the
organization, effect of the information on the behavior of the recipient and on organizational
performance.

All the above measurements depend from each other and cannot be understood independently.

E-Justice and Domain based success validity factors: are added components corresponding to the values of
justice (Lupo & Bailey, 2014):

1. Independence: refers to the independence of the courts and the independent functioning of the digital
justice system and free from external influence;
2. Liability: refers to two concepts. The influence of e-justice on judicial accountability, and the
mechanisms and channels available to ensure that digital justice conforms to standards and
procedures;
3. Impartiality: refers to the absence of prejudices, preconceptions or external pressures on judges that
may influence their decision-making process;
4. Equal access: means external access (citizens and lawyers) to justice, without discrimination of any
kind, including on the basis of technological culture;
5. Protection of personal data: refers to the protection of personal information stored or stored in a
digital justice system.
6. Legal validity: refers to the respect of the norms by the actors of the system (citizens, lawyers and
judges), the capacity for improvement and the numerical procedure.

The domain based factors in e-justice are the most important ones to its success and validity, and cannot be
analyzed and evaluated without other e-government measurements.

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 Maroun Jneid, Imad Saleh and Rania Fakhoury

6. Discussion of findings
E-justice refers to the use of ICT in justice aimed at improving its access and strengthening the justice system.
The success of e-justice efforts depends, to a great extent, from the satisfaction of the direct stakeholders of
these services, in general judges, prosecutors, legal authorities, administrative staff and citizens. Various
frameworks in the literature that address e-Government success primarily relate success to information
systems success and behavioral aspects.

With our model, we tried to highlight important domain specific factors related to justice administration but
impacting e-justice. Neglecting such factors in digital transformation projects will lead to failure and refusal of
results, even though the technological dimension is well considered and the existing human resources are
qualified to such projects.

With our model, we raised questions related to ownership of digital services and data produced by these
services. Or, new technology and cloud computing tends to promote centralized infrastructure, while this
contradicts in certain ways to the independency of courts and judges by constitution.

We have also put a baseline to redirect future research efforts and to trigger additional case studies research
in order to analyze more deeply the influence of these domain based factors on a successful digital
transformation in justice.

7. Conclusion and perspectives

This paper presented some unique challenges faced by e-justice projects in several countries. Despite these
difficulties, which influence the government decision-making process and their success, digital technology
remains a favorable solution. It can strengthen institutions even in countries with clientelism and clientelist
institutions. Technology can replace fragile initial institutions for some specific services such as e-justice and, in
so doing, also help to improve these institutions. Furthermore, the considerable heterogeneity of institutions
within countries, which varies across sectors and regions, opens many perspectives for context-specific
innovations. Digital identity should be a public good, including birth registration. Its importance is now
recognized in the 2030 Agenda for Sustainable Development Goal 16 to achieve access to justice for all and to
build effective, accountable and inclusive Institutions at all levels (World Bank, 2016).

This article proposes a conceptual model for successful e-justice projects by relying on the information systems
success factors literature and by completing it with judicial sector domain based specificities and values.
Furthermore, it addresses a need in the literature for more domain based conceptual models in the e-
government to better understand the drivers of its successful digital transformation. Existing models consider
citizens to be the center of e-Government services, while the proposed model highlights the fact that
institutional characteristics and sector specificities need to be properly understood, along with other factors
that impact the digital transformation in justice. The model proposed in this paper references existing studies,
it provides an understanding of factors involved in e-justice projects and sets a baseline for empirical studies
required to determine its validity.

This work encounters many limitations, mainly related to limited based literature in the domain of digital
transformation in justice, also related to difference in administration of justice and governance by country, the
relationship between its stakeholders and the complementarity of the ministry of justice and the High Judicial
Council. Additional limitations are related to the legal system itself, while many countries civil law systems are
influenced by Napoleon French code, criminal processes differ in depth from one country to another, this
limits the replication of factors contributing to success and validity from one legal system to another.

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academically refereed papers. He is published in all 4 of the ‘A’ rated Journals in the United Kingdom
in Information Systems Management. Some of his books have been translated into Chinese,
Japanese and Romanian. He holds a B Soc Sc, an MBA and a PhD.

Biographies of Contributing Authors

Sulaiman Aljarallah is a PhD student researching software sustainability at Loughborough University,
Leicestershire, UK.

Ajchareeya Chaipunyathat is a Ph.D. student in the field of Information Technology and Data Science, in the
Faculty of Information Technology at King Mongkut’s University of Technology North Bangkok (KMUTNB),
Thailand. She is also a software project manager in Thailand system Integrator Company. Her research interest
is in the Software Engineering area and Data Analytic.

Jobo Dubihlela Professor Dr. Dubihlela (PhD) is an expert banker-turned-academic, currently associate
professor at Cape Peninsula University. His work experience includes 15 years of credit risk management in a
major bank in Africa. He is widely published, a recipient of research awards, esteems lifelong learning, and
recognises that increase in knowledge comes with continuous research. He has delivered key interventions,
keynote addresses and facilitations in financial services.

Dr Gonçalo Paiva Dias is associate professor at the University of Aveiro, Portugal. He has held several
positions at the University, including Vice Rector, Dean of the School of Technology and Management of
Águeda, and Director of the undergraduate program in Information Technology. He publishes regularly on e-
government, information systems and technologies, and higher education.

Sabir Doski is doing a post doctorate at Leeds Beckett University, he obtained his master’s degree in
international business and PhD in e-Government from Leeds Beckett University, his research field in e-
government and e-commerce. He attended and published a paper in the 15th European Conference on
eGovernment 2015.

Burak Erkut studied Economics and Management Science at Leipzig University and did his PhD on product
innovation and market shaping at TU Dresden. His research is primarily about new knowledge and how it
shapes markets. He is the winner of the German Bundesbank Award for Young Researchers (2018) and is
currently a lecturer of Bahçeşehir Cyprus University as well as a fellow of Institute for Research in Economic
and Fiscal Issues.

Markus Jakob studied information systems at the University of Applied Sciences Deggendorf. During his
studies, he was, amongst others, working for Siemens Medical Solutions, USA, and BMW. Before he joined
Fortiss, Munich, in 2012, he was working for the Free State of Bavaria in the field of e-Government and
webservice development.

Dr Maroun Jneid is an Assistant Professor of Information Systems at Faculty of Engineering at Antonine

University, Lebanon. He has 20 years of professional experience in Information Systems fields and digital
transformation of public administrations in MENA. He has a PhD in Information Science from Paris-8
University. His main research areas are digital innovation and transformation.

Justin Keen is Professor of Health Politics at the University of Leeds, UK. His principal research interest is in
the governance of information in health and social care. He previously worked at University College London,
the King’s Fund (London), National Audit Office and Brunel University.

Yonal Kirsal received his MSc and PhD degrees from Middlesex University, London, UK, after graduating from
the Electrical and Electronic Engineering Department, Eastern Mediterranean University, Fagamusta, Cyprus.
He is currently Head of the Electronics & Communication Engineering Department, European University of
Lefke, Cyprus. His main research is in the field of modelling of heterogeneous wireless networks, performance
evaluation, queueing theory, network design and evaluation, Intelligent Transportation Systems.

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