The Belgian Case: Phenix or How to Design E-justice Thro'ugh Privacy Requirements and in Full Respect of the Separation of Powers

This chapter exami~S the ambitious Phenix project, a global project for the whole computerization of ail Courts and Tr bunals in Belgium, with the use of ICT by ail stakeholders. It focuses especially on the legislative masures that have been taken, mainly in relation to data protection and legal value of the docum nts generated by the use of the electronic procedure. INTRODUCTION forth. ln other words, Phenix is a global project for the whole computerization of ail courts and tribunals in Belgium. Since the introduction of the dossier until its notification, Phenix aimed to have the actors involved in these different phases: the lawyers, the magistrates, the regPhenix is the brand n~ me of a project which aims to introduce ICT at Il the steps of the judicial procedure in Belgiu , no matter the affair engaged in: criminal,' civil, commercial, and so Copyright 2009, IGI Glo~aI. distributing in print or electronic forms without written permission of IGI Global is prohibited.