19 Amendments of Daniel BUDA related to 2021/0394(COD)
Amendment 61 #
Proposal for a regulation
Recital 1
Recital 1
(1) In its 2 December 2020 Communication on the digitalisation of justice in the EU29 the Commission identified the need to modernise the legislative framework of the Union’s cross- border procedures in civil, commercial and criminal law, in line with the “digital by default” principle, while ensuring all necessary safeguards to avoid social exclusion and ensure mutual trust, interoperability and security, as well as full respect for fundamental rights, such as the right to a fair trial and effective legal remedy. _________________ 29 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Digitalisation of justice in the European Union. A toolbox of opportunities, COM(2020) 710 final
Amendment 62 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The digitalisation of justice must ensure full respect for the fundamental rights enshrined in the Charter of Fundamental Rights of the European Union; the Commission and the Member States must accordingly ensure that this approach allows all European Union citizens to avail themselves of new or additional digital justice tools; to this end, it is essential to ensure equal treatment for people with disabilities and for children regarding equal access to justice.
Amendment 64 #
Proposal for a regulation
Recital 2
Recital 2
(2) Facilitating access to justice for natural and legal persons, and facilitating judicial cooperation between the Member States are among the main objectives of the area of freedom, security and justice enshrined in Title V of Part Three of the Treaty on the Functioning of the European Union. At the same time, in order to achieve a fully functional area of freedom, security and justice, it is important that all Member States seek to reduce existing disparities regarding digitalisation, address the fragmentation of national justice systems and take advantage of the opportunities offered by the relevant EU funding mechanisms.
Amendment 78 #
Proposal for a regulation
Recital 5
Recital 5
(5) It is important that appropriate channels are developed to ensure that justice systems can efficiently cooperate digitally. Therefore, it is essential to establish, at Union level, an information technology instrument that allows swift, direct, interoperable, reliable and secure cross-border electronic exchange of case related data among competent authorities.Does not affect the English version.)
Amendment 88 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure secure, efficient, swift, interoperable, confidential and reliable communication between Member States for the purposes of cross-border judicial procedures in civil, commercial and criminal matters, any appropriate modern communications technology should be used, provided that certain conditions as to the security, integrity and reliability of the document received and the identification of the participants in the communication are met. Therefore, a secure and reliable decentralised IT system should be used. Accordingly, it is necessary to establish such an safe, rapid and efficient IT system for data exchanges in cross-border judicial procedures. The decentralised nature of that IT system would enable secure data exchanges exclusively between one Member State and another, without any of the Union institutions being involved in the substance of those exchanges. In cases falling under the scope of the legal acts listed in Annex II, the decentralised IT system should, at the same time, facilitate secure data exchanges between a Member State and a Union agency or body such as Eurojust.
Amendment 92 #
(11) The decentralised IT system should be comprised of the back-end systems of Member States and the Union agencies and bodies, and interoperable access points, through which they are linked using fully secure interconnectedions. The access points of the decentralised IT system should be based on e-CODEX.
Amendment 107 #
Proposal for a regulation
Recital 16
Recital 16
(16) In relation to the components of the decentralised IT system, which are under the responsibility of the Union, the entity managing the system’s components should have sufficient resources in order to ensure their proper and fully secure functioning.
Amendment 114 #
Proposal for a regulation
Recital 18
Recital 18
(18) Member States should be responsible for the establishment, maintenance and development of national electronic portals (national IT portals) for the purposes of electronic communication between natural and legal persons and the respective authorities which are competent in the proceedings under the legal acts listed in Annex I. The Commission must provide Member States with assistance in setting up, maintaining and developing national electronic portals.
Amendment 132 #
Proposal for a regulation
Recital 24
Recital 24
(24) For the purposes of facilitating payment of fees in cases with cross-border implications falling under the scope of the Union legal acts in civil and commercial matters, electronic payment of fees should be possible in an online environment by payment methods widely available throughout the Union and enabling proof of payment to be provided, such as credit cards, debit cards, e-wallet and bank transfers.
Amendment 146 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This Regulation establishes a uniform legal framework for the implementation and use of electronic communication between competent authorities in judicial cooperation procedures in civil, commercial and criminal matters and for the implementation and use of electronic communication between natural or legal persons and competent authorities in judicial procedures in civil and commercial and criminal matters.
Amendment 162 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Written communication between competent authorities in cases falling under the scope of the legal acts listed in Annex I and Annex II, including the exchange of forms established by these acts, shall be carried out through a secure, efficient and reliable decentralised IT system.
Amendment 171 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Where, in exceptional cases other than those covered by paragraph 2, the use of the decentralised IT system is not appropriate in view of the specific circumstances of the communication in question, any other means of communication may be usedthe competent authority may take a reasoned decision to use any other means of communication that ensures the secure, efficient and reliable exchange of information.
Amendment 202 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Written electronic communication between natural or legal persons, or their representatives, and competent authorities falling within the scope of the legal acts listed in Annex I, may be carried out by the following electronic means:
Amendment 213 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Communication underwhich fulfils the conditions set out in paragraph 1 shall be considered equivalent to written communication under the applicable procedural rules.
Amendment 216 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Competent authorities shall accept electronic communication which fulfils the conditions set out under Article 5(1), and which is transmitted through the European electronic access point or national IT portals, where available.
Amendment 284 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Before hearing a childminor through videoconferencing or other distance communication technology, holders of parental responsibility as defined in Article 3, point 2 of Directive (EU) 2016/800 of the European Parliament and of the Council50, or another appropriate adult as referred to in Article 5(2) of that Directive, shall be informed promptly. When deciding whether or not to hear a child throughminor by videoconferencinge or other distance communication technology, the competent authority shall take into account the best interests of the child as well as the full range of their rights as provided for in European and national law. _________________ 50 Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings (OJ L 132, 21.5.2016, p. 1–-20).
Amendment 294 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Documents transmitted as part of electronic communication shall not be denied legal effect or be considered inadmissible in the context of cross-border judicial procedures under the legal acts listed in Annex I and Annex II solely on the ground that they are in electronic form, if they fulfil all the conditions set out in this Regulation.
Amendment 310 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall not be prevented frombe encouraged and supported by the Commission to applying for grants to support the activities referred to in paragraphs 1 and 2, under the relevant Union financial programmes.
Amendment 311 #
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. The Commission shall provide support for the training of professionals in the legal field concerned and of the competent authorities in the efficient use of the decentralised IT system.