Traditionally, the concept of the rule of law has focused on whether state actions are legal or not. Today, the concept is broader: it includes how fair the process feels to those involved. It’s not enough for a hearing to follow the rules – participants must also feel heard and respected. This perception of fairness is shaped by the court’s interaction with the parties, including nonverbal cues like eye contact and attentive listening.
Here lies a challenge for remote hearings. Video conferencing often limits eye contact and natural interaction, and even small delays can make participants seem distant or disengaged. This can undermine trust in the process, especially when sensitive testimony is given remotely.
At the same time, remote participation can empower individuals by making it easier to attend hearings and actively engage in their case. Virtual hearings offer clear benefits such as reducing travel times and costs, and improving access to justice for those living far from courts.
The key question is how to balance these benefits with the need for hearings to feel fair and inclusive. Technology can improve access, but courts must ensure that remote proceedings still convey respect, attentiveness, and genuine engagement.
Swedish courts have long prioritized bemötande – respectful and clear engagement with court customers – as key to fairness and trust. Their “engagement strategy,” introduced in 2010, ensures that everyone in court understands the process and feels heard.
As hearings move online, these principles remain vital. Remote settings can feel impersonal, especially for those unfamiliar with legal procedures. Simple steps – such as introducing participants and explaining the process – help maintain fairness and inclusion.
Adapting these lessons in Finland and elsewhere in Europe can make digital justice not only efficient but also humane, particularly for vulnerable participants who need extra support to engage fully.
Remote hearings in Finnish courts are part of a broader move toward sustainable justice. Sustainability here goes beyond the environment – it includes economic, social, and cultural aspects. By reducing travel and saving time and resources, remote hearings support environmental and economic goals while making legal processes more efficient.
Socially, they can improve access to justice, especially for people in remote areas or with special needs. However, as discussed earlier, they also raise questions about fairness and the quality of interaction, which are vital for trust in the legal system.
Overall, this development reflects the Nordic legal tradition, which views law as a practical tool for societal needs. Remote hearings are not just a response to technology or the pandemic – they represent a cultural shift toward more sustainable and inclusive justice.