Activities of Emmanuel MAUREL 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 (22)
Amendment 50 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Effective access to justice requires the protection of the procedural rights established by the European Charter of Fundamental Rights, in particular by Title IV, Justice, and by the European Convention on Human Rights.
Amendment 52 #
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 compromise the provisions of Directive 2016/343 on the right to be presumed innocent and to be present at trial, Directive 2013/48 on the right of access to a lawyer, Directive 2012/13 on the right to information and Directive 2010/64 on the right to interpretation and translation.
Amendment 65 #
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. SuchThis legal framework should clearly define and frameffectively ensure the protection of fundamental rights as provided for in Title VI of the Charter of Fundamental Rights of the European Union, in particular in Article 47 on the right to an effective remedy and to a fair trial. This legal framework should equally clearly frame and define 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 71 #
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 79 #
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 throughby sitting on the Programme Management Board.
Amendment 80 #
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 a takeover should take place no later than on 1 July 20232.
Amendment 88 #
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-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council shall receive all documents at the same time as Member States' experts, and their experts shall have systematic access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 94 #
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 mandated to establish, by means of an implementing act in accordance with Article 7 of the proposal, the funding conditions and guarantees to maintain the integrity of the e-CODEX system that 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 98 #
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 shall comply with the data protection requirements and principles laid down in Regulation (EU) 2018/1725 of the European Parliament and of the Council, including the data security requirements. The entities operating authorised e-CODEX access points at national level shall comply with the data protection requirements and principles laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council, including the data security requirements.
Amendment 107 #
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 ofpdating 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 109 #
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 118 #
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 examine its feasibility and, if necessary, make a legislative proposal to allow such participation and establish rules and protocols to that effect.
Amendment 127 #
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 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 139 #
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.
Amendment 143 #
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 146 #
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 147 #
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 of Fundamental Rights of the European Union, as well as to the provisions of Directive 2016/343 on the right to be presumed innocent and to be present at trial, Directive 2013/48 on the right of access to a lawyer, Directive 2012/13 on the right to information and the Directive 2010/64 on the right to interpretation and translation.
Amendment 152 #
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 standards and technical specifications of the e-CODEX system are implemented in such a way as not to undermine the safeguards of Title VI of the Charter of Fundamental Rights of the European Union.
Amendment 170 #
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 176 #
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 180 #
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 185 #
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.