The constitutionality of the use of audiovisual means of communication in the field of judicial procedures "A special study of the constitutional judiciary in France and the judiciary of the European Court of Human Rights"

Document Type : Original Article

Author

Professor of Public Law, Faculty of Law, Mansoura University, Egypt

Abstract

The use of information technology is becoming very fast, and it covers new areas day by day. It was only natural for this development to reach the judicial procedures.
We can distinguish between the mere application of electronic procedures in the different stages of litigation, and the use of a specific type of information technology in judicial procedures, which is audio-visual means or what is known as video conferencing. The use of this last type of method is the subject of this research. Audio and visual media are used in all types of judicial procedures, civil, administrative and criminal procedures. The use of these methods in the courts raises several aspects that are worthy of investigation, especially in the criminal field, and are particularly related to whether the physical presence of the accused before the court is necessary or whether present by video conference is sufficient.
The audience through video conference in particular raises several important issues related to the extent to which this method respects the established constitutional principles, which are the right to a fair trial, the right to defense, and the right to an effective judicial appeal. Is it permissible to use video conference in criminal proceedings against the will of those concerned in all cases?
The judiciary in France, especially the Constitutional Council, has issued numerous rulings regarding the extent to which the use of audiovisual methods conform to the constitution.
It would be appropriate to present a study of these rulings in comparison to the judiciary of the European Court of Human Rights before concluding with the results of this research, and the suggested recommendations for using the video conference system in judicial procedures in Egypt.

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