Activities of Clare DALY related to 2020/0345(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on a computerised system for communication in cross-border civil and criminal proceedings (e-CODEX system), and amending Regulation (EU) 2018/1726
Amendments (26)
Amendment 51 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Effective access to justice requires the protection of procedural rights established by the Charter of Fundamental Rights of the European Union (the 'Charter'), in particular Title VI thereof, and the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 53 #
Proposal for a regulation
Recital 2
Recital 2
(2) It is thus important that appropriate channels are developed to ensure that justice systems can efficiently cooperate in a digital way. 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. Such a system, enabling citizens and businesses to exchange documents and evidence in digital form with judicial or other competent authorities, when provided forby national or Union law, should contribute to improving access to justice. Such a system, in common with all e-justice systems, should not undermine the provisions of Directive (EU) 2016/343 of the European Parliament and of the Council1a on the right to be presumed innocent and to be present at trial, Directive 2013/48/EU of the European Parliament and of the Council1b on the right of access to a lawyer, Directive 2012/13/EU of the European Parliament and of the Council1c on the right to information, and Directive 2010/64/EU of the European Parliament and of the Council1d on the right to interpretation and translation. _________________ 1aDirective (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (OJ L 65, 11.3.2016, p. 1). 1b Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294, 6.11.2013, p. 1). 1c Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ L 142, 1.6.2021, p. 1). 1dDirective 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ L 280, 26.10.2010, p. 1).
Amendment 67 #
Proposal for a regulation
Recital 6
Recital 6
(6) Given the importance of the e- CODEX system for cross-border exchanges in the justice area in the Union, there should be a sustainable Union legal framework establishing the e-CODEX system and providing rules regarding its functioning and development. Such legal framework should effectively ensure the protection of fundamental rights as they are guaranteed in the Title VI of the Charter , in particular in Article 47 thereof on the right to an effective remedy and to a fair trial. Such legal framework should also clearly define and frame the components of the e-CODEX system in order to guarantee its technical sustainability. The systemframework should define the IT components of an access point, which should consist of a gateway for the purpose of secure communication with other identified gateways and a connector for the purpose of supporting the message exchanges. It should also include digital procedural standards consisting of the business process models and templates defining the electronic format of the documents used in the context of those procedures to support the use of e-CODEX access points for legal procedures provided for by legal acts adopted in the area of judicial cooperation and to enable the exchange of information between the access points.
Amendment 73 #
Proposal for a regulation
Recital 7
Recital 7
(7) Since it is necessary to ensure the long term sustainability of the e-CODEX system and its governance while taking into accountensuring the independence of the national judiciaries, an appropriate entity for the operational management of the system should be designated.
Amendment 78 #
Proposal for a regulation
Recital 9
Recital 9
(9) According to Article 19 of Regulation (EU) 2018/1726 the role of the Management Board of eu-LISA is to ensure that all decisions and actions of the Agency affecting large-scale IT systems in the area of freedom, security and justice respect the principle of independence of the judiciary. The governance structure of the Agency and financing scheme further guarantee the respect of that principle. Ìt is also important to involve tThe legal professions and other relevant stakeholders should also be involved in the governance of the e-CODEX system through seats on the Programme Management Board.
Amendment 81 #
Proposal for a regulation
Recital 10
Recital 10
(10) GivenWhile acknowledging eu-LISA's priority tasks of developing and managing the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), the European Criminal Records Information System for Third Country Nationals (ECRIS-TCN), the revised Schengen Information System (SIS), the Visa Information System (VIS) and Eurodac, as well as the strategic task to establish a framework for interoperability between EU information systems, eu-LISA should not take over the responsibility forin light of the fact that e-CODEX could immediately provide an important and valuable service to citizens, eu-LISA should prioritise the takeover of the e- CODEX system earli, and such takeover should take place no later than on 1 July 20232.
Amendment 89 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) In order to supplement this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of extending the judicial procedures covered by the e- CODEX system. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 1a OJ L 123, 12.5.2016, p. 1.
Amendment 93 #
Proposal for a regulation
Recital 15
Recital 15
(15) The Member States should maintain a list of authorised e-CODEX access points operated within their territory, and communicate them to eu- LISA in order to enable the interaction between them in the context of the relevant procedures. The Commission should maintain a similar list of authorised e- CODEX access points operated by the Union institutions, bodies and agencies for the same reason. The entities operating the access points at national level may be public authorities, organisations representing legal practitioners or private companies. Bearing in mind the decentralised nature of the e-CODEX system, while eu-LISA should ensure the operational management of the e-CODEX system, the responsibility for setting up and operating the authorised e-CODEX access points should lie exclusively with the entities operating the relevant access points. In order to ensure the integrity of the system, the Commission should be responsible for establishing, by means of an implementing act, financing conditions and guarantees to maintain the integrity of the e-CODEX system which would apply to entities operating an e-CODEX access point. The entities operating the authorised e-CODEX access point should bear the responsibility for any damage resulting from the operation of the authorised e-CODEX access point.
Amendment 99 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) The Union institutions, bodies, offices and agencies operating authorised e-CODEX access points should comply with the data protection requirements and principles laid down in Regulation (EU) 2018/1725 of the European Parliament and of the Council1a, including data security requirements. The entities operating authorised e-CODEX access points at national level should comply with the data protection requirements and principles laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council1b, including data security requirements. _________________ 1aRegulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 1bRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 105 #
Proposal for a regulation
Recital 16
Recital 16
(16) The national systems interconnected via the e-CODEX system should allow for monitoring its efficiency and effectiveness by providing a mechanism to monitor the outputs, results and impacts of instruments that enable the transmission of electronic data in the context of cross-border civil and criminal proceedings in the Union. The systems connected to the authorised e-CODEX access points should therefore be able to systematically collect and maintain comprehensive statistical data on the use of cross- border civil and criminal proceedings in accordance with the relevant provisions of the legal acts listed in Annex I. This should not only alleviate the work of the Member States in collecting the relevant data and ensure mutual accountability and transparency, but also significantly facilitate the ex-post monitoring of the legal acts adopted in the area of civil and criminal cooperation by the Commission. The collected information should only encompass aggregated data and should not constitute personal data.
Amendment 108 #
Proposal for a regulation
Recital 17
Recital 17
(17) eu-LISA should maintain a high level of security when carrying out its tasks. When undertaking further technical evolutions ofdeveloping upgrades to the software, eu-LISA should implement the principles of security by design and data protection by design and by default, in accordance with Regulation (EU) 2018/1725. The entities operating the authorised e-CODEX access point should bear the responsibility for the security of the data transmitted via their access points.
Amendment 110 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to allow eu-LISA to prepare the takeover adequately, the entity managing the e-CODEX system should prepare by 31 December 20221 a handover document setting out the detailed arrangements for the transfer of the e- CODEX system, including the criteria for a successful handover process and its completion, in accordance with implementing acts adopted by the Commission pursuant to this Regulation. The handover document should cover the components of the e-CODEX system including the gateway, the connector and the digital procedural standards, as well as the relevant supporting products. The Commission should monitor the handover/takeover process in order to ensure its compliance with the implementing acts and the handover document, and the takeover should only take place once the Commission has declared that the process has been successfully completed. After submitting the handover document and until the successful handover of the e-CODEX system to eu-LISA, the entity managing the e-CODEX system should not deliver any new release but should only ensure corrective maintenance activities of the e- CODEX system.
Amendment 119 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) The e-CODEX system should in principle be open to third-country participation, and the Commission should study the feasibility of third-country participation and if necessary make a legislative proposal to allow for such participation and to lay down rules and protocols to that end.
Amendment 128 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘authorised e-CODEX access point’ means an e-CODEX access point which has been notified to eu-LISAauthorised under national or Union law and which has been notified to eu-LISA by the Commission or a Member State in accordance with Article 5(4) or Article 7(1) and which is operating a digital procedural standard as referred to in Article 4(3);
Amendment 140 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. A digital procedural standard shall consist of the business process models and the templates defining the electronic format of the documents used in the context of the procedures laid down by legal acts listed in Annex I. Digital procedural standards for the purposes of this Regulation shall be laid down by the Commission in implementing acts and developed by eu- LISA. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).
Amendment 142 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. By 31 December 20221 the Commission shall establish, by means of implementing acts:
Amendment 144 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission mayshall adopt implementing acts establishing detailed technical specifications on the digital procedural standards defined in Article 4(3).
Amendment 148 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. The provisions of the implementing acts shall be drawn up paying special attention to the guarantees laid down by the Charter, as well as to the provisions of Directive (EU) 2016/343 on the right to be presumed innocent and to be present at trial, Directive 2013/48/EU on the right of access to a lawyer, Directive 2012/13/EU on the right to information and the Directive 2010/64/EU on the right to interpretation and translation.
Amendment 151 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. eu-LISA shall be responsible for the operational management of the components of the e-CODEX system referred to in Article 4(2)(b) and (3) and of the supporting software listed in Annex II. It shall be responsible for ensuring that the technical standards and specifications of the e-CODEX system are implemented in a way that does not undermine the guarantees of Title VI of the Charter.
Amendment 159 #
Proposal for a regulation
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
(c) informing the general public through the Internet about e-CODEX, by means of a set of large-scale communication channels, such as websites or social media platformsabout e-CODEX;
Amendment 166 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The entity operating an authorised e-CODEX access point shall be responsible for its secure and lawful set-up and operation. This responsibility shall include the necessary adaptations to the connector referred to in Article 4(2)(b) to make it compatible with any connected systems and any other necessary technical adaptations to its connected systems.
Amendment 171 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The entity managing the e-CODEX system shall, by 31 December 20221 at the latest, submit a common handover document to eu-LISA specifying the detailed arrangements for the transfer of the e-CODEX system, including the criteria for a successful handover process and completion and related documentation, as established by the implementing acts pursuant to Article 5(1)(c), including provisions on intellectual property rights or usage rights relating to the e-CODEX system and the supporting software listed in Annex II enabling eu-LISA to carry out its responsibilities in accordance with Article 6.
Amendment 177 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. eu-LISA shall take over responsibility for the e-CODEX system at the date when the Commission has declared the successful completion of the handover/takeover process referred to in paragraph 2 and not earlier than on 1 July 20232.
Amendment 181 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. As from 1 January 20232, the e- CODEX Advisory Group established pursuant to Article 27(dc) of Regulation (EU) 2018/1726 shall provide eu-LISA with the necessary expertise related to the e-CODEX system, in particular in the context of preparation of its annual work programme and its annual activity report. It shall also follow up on the state of implementation in the Member States. The Advisory Group shall be informed of any security issues.
Amendment 186 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. By 1 January 20232, the Management Board of eu-LISA shall establish an e-CODEX Programme Management Board composed of ten members.
Amendment 190 #
2. The Programme Management Board shall be composed of eight members appointed by the Management Board, the Chair of the Advisory Group referred to in Article 11 and one member appointed by the Commission. The Management Board shall ensure that the members it appoints to the Programme Management Board have the necessary experience and expertise regarding the e-CODEX system , as well as extensive experience in the justice field.