It was very interesting to talk with Judge Iva Buljan of the Commercial Court in Zagreb (TSZG), who welcomed us in her modest office. This physical space seemed to emphasize that digitalization, that ubiquitous word, has bypassed the judiciary. We touched on many topics, but unfortunately, due to lack of space, we left some for another opportunity. Buljan frequently mentioned the need for self-criticism during our conversation. She is a very open interlocutor who does not criticize just for the sake of criticizing, but clearly points out problems in the judiciary and suggests how to improve working conditions and expedite procedures. She believes that judges should communicate with the media, although, of course, they cannot delve into individual cases or discuss issues that are in process, but they can certainly answer questions that citizens find important. Her thesis on the role of courts in the 21st century is also interesting. It has changed significantly: judges and the judiciary were once just one branch of government, but today they need to be a service for citizens and entrepreneurs. Judges cannot live in their hermetic world. They should understand that they are not there for themselves, but that they are a relevant service, such as TSZG for entrepreneurs.
Digitalization in the judiciary is a current topic, but at first glance, it seems to me that it is just a story.
– I believe that there is awareness of this and that there is an understanding that much more needs to be done. One of the basic services that TSZG provides is the court register. If it does not function efficiently, transparently, and quickly, entrepreneurs cannot compete with those in other well-organized societies. Regarding our court register, it is always emphasized that we are somewhat connected with some systems like the Tax Administration (PU), the Ministry of Foreign Affairs, and the criminal record. But that does not mean that we can directly draw data from them, but that we can only communicate electronically with those bodies. For example, it is no longer possible for an entrepreneur to remain in debt and then open another company to outsmart creditors because there is a recorded criminal offense for economic crime. However, when we want to check this with the PU, we do not receive a response for a month, during which the case stands still. Moreover, in a way, we are also doing the job of the PU because we indirectly force entrepreneurs to pay that debt, which should not be the job of the court. I suggest that notaries, who entrepreneurs come to beforehand with documentation, check this to free up court resources.
Instead of having your data immediately available, you wait for someone to process it.
– This problem is particularly pronounced in the TSZG court register because more than sixty percent of companies, banks, and agencies in Croatia are registered in it. You can imagine what our responsibility is, not only for the economy but also for the investment climate.
Are you connected with the Geodetic Administration?
– There are also problems here because the data on residence in the Geodetic Administration and the Ministry of the Interior (MUP) often do not match. When you submit a request for registration or any change, it ‘turns red’ in our system and we cannot fulfill your request. This means that we are actually forcing business people to physically go to the PU, to arrange their data there, and then return to the court register. So today, when transactions are conducted minute by minute, we use artificial intelligence, there is room for improvement. What surprises me is that we are still not properly connected to eFile. This means that there is no control over case assignments, and there is no possibility to search for registration decisions. This does not contribute to the citizens’ perception of the judiciary. There is no valid reason for this because registration cases are inherently non-litigious, and the judicial system must represent a whole, both internally and externally. This should definitely be resolved. In conclusion, a judge in the 21st century should be able to find data with one click on the computer so that business processes can proceed smoothly.
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