Digitalization of enforcement proceedings and its impact on the procedural position of the parties

Abstract

The digitalization of the judiciary represents one of the most significant contemporary processes of legal system reform. Due to its nature and the need for prompt action, enforcement proceedings constitute a particularly suitable area for the application of various digital mechanisms. This paper analyzes the most important forms of digitalization of enforcement proceedings in the Republic of Serbia, with particular emphasis on the electronic submission of motions for enforcement, digitalization of service of documents, electronic public auctions, electronic records, and information systems used in enforcement proceedings. In addition to examining the domestic legal framework, the paper also provides a comparative legal overview of selected solutions implemented within the legal system of the Republic of Croatia. The digitalization of enforcement proceedings may contribute to greater efficiency, transparency, and accessibility of the procedure; however, it may simultaneously raise issues relating to digital literacy, equal access to justice, and the preservation of procedural safeguards afforded to the parties. The paper concludes that digitalization does not alter the scope of the parties' procedural rights but rather the manner in which such rights are exercised and protected. Consequently, it is necessary to ensure an appropriate balance between technological advancement and the preservation of fundamental procedural rights.