El coste de la publicidad judicial «on line»hacia un sistema de «pague por visión»

Abstract

The practice in order to obtain judicial information is no longer a secondary issue, but a matter of a paramount importance prompted by the phenomenon of the Net. The access to telematic devices in order to obtain judicial information has unalienable privileges, but also an economic cost, and the question is who has to paid for that, if the State (that is, the tax payer) with charge to the Government budget, as a sort of Government investment expenditures in modernization of the Administration of Justice, or, by contrast, has to be paid for the individuals, that is, for those who benefits for the information obtained, through some kind of canon. Because any aspect or service given in relation to the Administration of the Justice -even when it could appear trivial, can compromise the right to due process, their economic cost should be taken into account with a clear and front view, with a legal back up, and previous establishment of their precise legal nature. It has to be into account that the taxes for acts o services with charge to judicial offices, out of the ambit of the due process, are not, in practice, true judicial taxes, but administrative ones; even though when the authority competent for impose that financial charge is not part of the Administration of Justice. That implies that, in addition to remove dogmatic objections, it also have important and practical consequences.