The digitalization of the judiciary is no longer just an idea, but a reality that is gradually transforming the way access to justice is achieved. The introduction of e-filings and electronic delivery of documents to the courts represents a key step toward modernizing the legal system of the Republic of Serbia.
This process brings greater speed, cost-efficiency, and accessibility while respecting all standards of legal certainty and formal requirements.
From Paper to a Click: How e-Filing Is Changing the Judiciary
An e-filing is a digital document submitted to a court in electronic form, using a qualified electronic signature and other security elements.
It has the same legal effect as a traditional written filing, but enables significantly faster and more efficient communication.
Advantages of Electronic Filing
There are numerous advantages of electronic filing, making it an extremely useful tool in modern judiciary. First and foremost, it enables instant sending and receipt of documents, meaning that the document reaches the court or the other party within seconds, without waiting for postal delivery.
Another major advantage is accessibility from any place and at any time, since a filing can be submitted electronically 24 hours a day without the need to physically go to the court.
Finally, the electronic system provides greater transparency and control over receipt, as each filing is accompanied by an electronic record with the date and time of submission and a receipt confirmation, which further enhances the security and legal reliability of the process.
All these benefits show that e-filing is not just a technical innovation, but also an important step toward a more efficient, faster, and more transparent judicial system.
Legal Framework – Law on Electronic Documents, Civil Procedure Act, and Court Rules of Procedure
Electronic operations in the judiciary are regulated by a combination of several regulations, which together enable the court and the parties to communicate electronically, with full legal certainty and evidential value. The key regulations are:
– Law on Electronic Documents, Electronic Identification, and Trust Services in Electronic Commerce (“Official Gazette of RS”, Nos. 94/2017 and 52/2021),
– Civil Procedure Act (CPA) (“Official Gazette of RS”, Nos. 72/2011… 10/2023),
– Court Rules of Procedure (“Official Gazette of RS”, Nos. 110/2009… 18/2022).
Law on Electronic Documents
According to this law, an electronic document has the same legal force as a paper document, provided it is signed with a qualified electronic signature and equipped with a time stamp. This establishes the legal basis for the use of electronic documents in all areas of public and legal communication, including the submission of court filings and communication with public executors. In this way, documents sent electronically become equally valid as those delivered by traditional mail, thereby formally ensuring legal certainty and evidential reliability.
However, in practice, numerous questions regarding the use of electronic filings still remain. This concerns, among other things, the technical equipment of courts and public executors, different procedures for receipt confirmation, as well as the practical application of the qualified electronic signature in daily work. Despite these challenges, electronic filings are increasingly being used and represent a significant step toward the digitalization of the judicial system and more efficient communication with all participants in the proceedings.
Civil Procedure Act (Article 129)
Article 129 of the CPA provides that service may also be carried out electronically, provided that it is possible to ensure feedback confirming that the person has received the document.
The receipt confirmation of a document delivered electronically represents a printed electronic record, which contains information about the date and time of receipt, as well as about the sender and the recipient.
In this way, electronic service becomes equally valid as registered mail, with full legal certainty.
Technical Requirements and Procedure
For an electronic filing to be properly submitted, several key requirements must be met:
– Qualified electronic signature – which confirms the identity of the signer;
– Electronic document prepared in accordance with e-commerce regulations;
– Time stamp – which records the exact moment the document is signed;
– Submission to the official court e-address designated for receiving e-filings.
Additionally, the Court Rules of Procedure further stipulate that the court must designate a specific email address for receiving e-filings and provide a system for recording and archiving incoming documents, thereby ensuring the security and reliability of the process.
Challenges in the Implementation of Electronic Filing
Although the legal provisions for electronic service have been in place since 2017, in practice it has not yet been fully implemented. There are several obstacles that slow down the widespread use of e-filings:
– Uneven technical equipment of courts, which hinders the implementation of electronic systems;
– Lack of a centralized platform for e-filings, which would enable standardized and secure communication;
– Insufficient training and digital literacy, both among judicial staff and parties and lawyers.
Although some courts in Serbia already have dedicated email addresses for receiving filings, there is still no unified electronic court portal that would enable complete e-communication.
Without such a centralized system, electronic service still depends on the internal practices of individual courts, which limits its applicability and reliability.
The Digital Future of the Judiciary
Full digitalization of the judiciary entails the development of a centralized electronic platform that would enable simple and secure communication between courts and parties. Such a system should allow login via electronic identity, submission and receipt of all filings, electronic access to case files, as well as automatic receipt confirmations and notifications to the parties.
Similar systems are already in operation in several European countries and represent the standard of a modern, efficient, and transparent judiciary. In Serbia, the basic technical and legal prerequisites, including the implementation of the Law on Electronic Documents and the Civil Procedure Act, are already in place, while the next key step is their consistent application in practice, so that electronic service becomes a routine and reliable part of the judiciary’s daily operations.
An electronic filing represents more than just a technical innovation – it is a symbol of the digital transformation of the judiciary. The use of e-filings brings greater speed, cost-efficiency, and accessibility, while simultaneously ensuring legal certainty and evidential value of the filings.
Thanks to the existing legal framework, Serbia has all the prerequisites to gradually transition to a fully electronic model of communication between courts and parties, as well as public executors and parties. This change paves the way for a paperless judiciary, which is more efficient, transparent, and enjoys greater trust from all participants in the proceedings.
