Activities of Patryk JAKI related to 2021/0394(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation
Amendments (19)
Amendment 105 #
Proposal for a regulation
Recital 15
Recital 15
(15) For the purposes of ensuring the flexibility of judicial cooperation in certain cross-border judicial procedures, other means of communication could be more appropriate. In particular, this may be appropriate for direct communication between courts under Regulation (EU) 2019/1111 and Regulation (EU) 2015/848 of the European Parliament and the Council38 , as well as direct communication between competent authorities under the Union legal acts in criminal matters. In such cases, less formal communication means, such as e-mail, could be used. Such a situation may arise in particular when there is a need to communicate informally. The decision as to whether to use a particular means of communication should be left to the discretion of the competent authority in each individual case. _________________ 38 Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p. 19).
Amendment 147 #
Amendment 148 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point d
Article 1 – paragraph 1 – subparagraph 1 – point d
Amendment 151 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) electronic communication between natural or legal persons and competent authorities, and electronic payment of fees in cross-border civil and commercial matters, in the context of the legal act in the context of the legal acts listed in Annex I, insofar as this listed in Annex I provided for in national proceedings for specific procedures; and
Amendment 152 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) “competent authorities” means courts, public prosecutors, Union agencies and bodies and other authorit and other national or Union bodies taking part in judicial cooperation procedures in accordance with the provisions of the legal acts listed in Annex I and Annex II;
Amendment 153 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) “electronic communication” means digital exchange of informationdata over the internet or another electronic communication network;
Amendment 154 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) “electronic document” means a document transmitted as part of electronic communication, including scanned paper documentsn information storage medium which allows its contents to be consulted;
Amendment 155 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) “decentralised IT system” means a network of IT systems and interoperable access points, operating under the individual responsibility and mthe e-CODEX system within the meaning of Regulation (EU) 2022/850 of 30 May 2022 on a computerised system for the cross-border electronic exchanagement of each Member State, Union agency or body that enables the secure and reliable cross-border exchange of information of data in the area of judicial cooperation in civil and criminal matters (e-CODEX system), and amending Regulation (EU) 2018/1726;
Amendment 160 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Written cCommunication between competent authorities of different Member States 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 and reliable, as a rule, through a decentralised IT system.
Amendment 166 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where electronic communication in accordance with paragraph 1 is not possible due to the disruption of the decentralised IT system, the nature of the transmitted material or exceptional circumstances, the transmission shall be carried out by the swiftest, most appropriate alternative means, taking into account the need to ensure a secure and reliable exchange of information. Where the criminal proceedings concerned are of a sensitive nature, the competent authority may decide that direct physical exchange of data is necessary.
Amendment 172 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Where the competent authorities consider, in the context of specific proceedings, that the use of the decentralised IT system is not appropriate, in view of thparticular where there are specific circumstances ofassociated with the communication in question, any other means of communication may be used.
Amendment 178 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Paragraph 3 of this Article shall not apply to the exchange of forms provided by the instruments listed in Annex I and Annex II., except as regards the possible use of the forms by parties to proceedings
Amendment 180 #
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4 a. The communication requirements set out in this Article do not affect the admissibility of evidence in individual cases.
Amendment 190 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The provision of paragraph 1 is of a subordinate nature to the national court portals (national access points).
Amendment 207 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the European electronic access pointnational IT portals, where available; or
Amendment 208 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) national IT portals, where availablethe European electronic access point.
Amendment 209 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall communicate with natural and legal persons in the first instance through the national IT portal, or through the European electronic access point, where that natural or legal person gave prior express consent to the use of this means of communication when required.
Amendment 215 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Competent authorities shall accept electronic communication under Article 5(1), transmitted through national IT portals or the European electronic access point or national IT portals, where available, where available. Electronic means of communication with the court in proceedings with a cross-border component may only be used where national legislation provides an analogous route for participants in proceedings without such a component.
Amendment 340 #
Proposal for a regulation
Annex II – point 1
Annex II – point 1