2021/0394(COD) Digitalisation of cross-border judicial cooperation
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Joint Responsible Committee | ['JURI', 'LIBE'] |
RADEV Emil ( EPP),
KALJURAND Marina ( S&D)
|
MELO Nuno ( EPP),
LEITÃO-MARQUES Maria-Manuel ( S&D),
KELLER Fabienne ( Renew),
TOOM Jana ( Renew),
DELBOS-CORFIELD Gwendoline ( Verts/ALE),
JAKI Patryk ( ECR),
ZŁOTOWSKI Kosma ( ECR),
DALY Clare ( GUE/NGL),
MAUREL Emmanuel ( GUE/NGL)
|
Lead committee dossier:
Legal Basis:
RoP 58, TFEU 081-p1, TFEU 082-p1
Legal Basis:
RoP 58, TFEU 081-p1, TFEU 082-p1Subjects
Events
2023/12/27
Final act published in Official Journal
2023/12/13
CSL - Draft final act
Documents
2023/12/13
CSL - Final act signed
2023/12/08
EP/CSL - Act adopted by Council after Parliament's 1st reading
2023/11/23
EP - Debate in Parliament
Documents
2023/11/23
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 551 votes to 5, with 6 abstentions, a legislative resolution 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.
The European Parliament adopted its position at first reading under the ordinary legislative procedure.
Subject matter and scope
This Regulation establishes a uniform legal framework for the use of electronic communication between competent authorities in judicial cooperation procedures in civil, commercial and criminal matters and for the use of electronic communication between natural or legal persons and competent authorities in judicial procedures in civil and commercial matters.
It should apply to electronic communication in judicial cooperation procedures in civil, commercial and criminal matters and hearings through videoconferencing or other means of distance communication technology.
European electronic access point
A European electronic access point should be established on the European e-Justice Portal. This access point may be used for electronic communication between natural or legal persons or their representatives and competent authorities in a number of cases.
The European electronic access point should all contain information for natural and legal persons on their right to legal aid, including in cross-border proceedings and on how to file claims, launch requests, send and receive procedurally relevant information and communicate with the competent authorities, or be served with judicial or extrajudicial documents.
Provided that a natural or legal person or their representative has given prior express consent to the use of the European electronic access point as a means of communication or method of service, competent authorities should communicate with that natural or legal person or their representative using that access point, and may serve documents on them through that access point.
Hearing through videoconferencing in criminal matters
The Regulation provides for the possibility for parties and other persons concerned to participate in hearings in civil, commercial and criminal proceedings by means of videoconferencing or other remote communication technology.
The competent authority conducting the hearing should ensure that the parties and their representatives, including disabled persons, have access to videoconferencing for the hearing. When deciding whether to hear a child by videoconference or other means of distance communication, the competent authority should take into account the best interests of the child.
Member States in which the procedure takes place should take appropriate measures in accordance with national law to ensure that such recordings are made and stored securely and are not made public.
Where the competent authority of a Member State requests the hearing of a suspect or an accused or convicted person, or an affected person, other than a suspect or an accused or convicted person, present in another Member State in proceedings under the legal acts listed in this Regulation, the competent authority of that other Member State (requested competent authority) should all allow such persons to participate in the hearing through videoconferencing or other distance communication technology, provided that: (i) the particular circumstances of the case justify the use of such technology; and (ii) the suspect, the accused or convicted person or the affected person has given consent for the use of videoconferencing or other distance communication technology for that hearing.
Competent authorities should provide the person that is to be heard with information about the procedure for conducting a hearing through videoconferencing or other distance communication technology, as well as about their procedural rights, including the right to interpretation and the right of access to a lawyer before the consent is given.
The competent authority may decide not to seek the consent of the persons referred to in point (b) of the first subparagraph of this paragraph where participation in a hearing in person poses a serious threat to public security or public health which is shown to be genuine and present or foreseeable.
Electronic signatures and electronic seals
Where a document transmitted as part of electronic communication under the Regulation requires a seal or signature, it should feature a qualified electronic seal or qualified electronic signature as defined in Regulation (EU) No 910/2014.
Member States should provide for the possibility of electronic payment of fees, including from Member States other than that where the competent authority is situated. The technical means for the electronic payment of fees should comply with applicable rules on accessibility.
Training
Member States should ensure that the justice professionals concerned and competent authorities are offered the necessary training for efficient use of the decentralised IT system and for the appropriate use of videoconferencing or other distance communication technology. Member States should also encourage the authorities to share best practices regarding videoconferencing in order to reduce costs and increase efficiency.
The Commission should ensure that the training of justice professionals in the efficient use of the decentralised IT system is among the training priorities supported by the relevant Union financial programmes.
Documents
2023/07/19
EP - Text agreed during interinstitutional negotiations
Documents
2023/07/19
EP - Committee letter confirming interinstitutional agreement
Documents
2023/03/15
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2023/03/13
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/03/09
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Emil RADEV (EPP, BG) and Marina KALJURAND (S&D, EE) 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.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Subject
This Regulation seeks to establish establishes a uniform legal framework for the use of electronic communication between competent authorities in judicial cooperation procedures in civil, commercial and criminal matters and for the use of electronic communication between natural or legal persons and competent authorities in judicial procedures in civil and commercial and criminal matters.
Means of communication between competent authorities
Where electronic communication is not possible due to the temporary disruption of the decentralised IT system, or due to the physical nature of the transmitted material, the transmission should be carried out, based on the assessment of the competent authority , by the swiftest, most appropriate alternative means, while ensuring a secure and reliable exchange of information.
Where the use of the decentralised computer system is not appropriate in a given case, the competent authority may exceptionally use other means of communication that ensure that the exchange of information occurs in a secure and reliable manner.
European Electronic Access Point
In the design and building phases of the European electronic access point, the Commission should collaborate with external actors with experience in secure, user-friendly and accessible IT development.
The European electronic access point should:
- provide natural and legal persons with information on their right to legal assistance , including in cross-border proceedings. It will allow for their legal representative to act on their behalf;
- allow natural and legal persons, or their legal representatives, to file claims, launch requests, send and receive procedurally relevant information and communicate with the competent authorities.
Competent authorities should communicate with natural and legal persons only via the European electronic access point , where the natural or legal person concerned has given his or her prior express consent to the use of this means of communication.
Hearing by video conference in civil and commercial cases
Member States should guarantee that the parties and other persons entitled to participate to the proceedings, including persons with a disability, have access to the necessary infrastructure to use videoconferencing or other distance communication technology in the premises of the competent authorities.
Competent authorities may on their own motion allow the participation of parties to hearings by videoconference, provided that all parties to the proceedings are given the possibility to object to the use of videoconferencing or other distance communication technology.
The competent authorities responsible for the videoconferencing or other distance communication technology should ensure that communication between the parties of the proceedings and their lawyers both before and during the hearing is confidential in accordance with applicable national law.
The procedure for requesting and conducting a videoconference should be regulated by the national law of the Member State where the proceedings take place, which should be considered to be the Member State conducting the videoconference. Member States where the proceedings take place should take appropriate measures to ensure that such records are secured and not publicly disseminated.
Hearing through video conference in criminal cases
In criminal matters, the Regulation should allow any person who is directly involved in the proceedings or whose participation is relevant to the proceedings and who is located in another Member State to make use of videoconferencing.
Competent authorities should provide suspects, accused or convicted persons with information about the procedure for conducting a hearing through videoconferencing or other distance communication technology, including the right to interpretation and the right of access to legal assistance, before such persons are required to consent or refuse on the use of videoconferencing or other distance communication technology for that hearing.
Participation in the hearing by video conference should be allowed provided that:
- the consent by a suspect accused or convicted person to the use of videoconferencing, is given voluntarily and unequivocally and that the competent authority conducting the hearing by videoconferencing or other distance communication technology has verified that consent prior to starting such hearing;
- the technology used for the purposes of conducting the hearing through videoconferencing or other distance communication technology ensures it is possible to submit, review and examine evidence, including through the examination of witnesses.
When deciding whether to hear a child through videoconferencing or other distance communication technology, the competent authority shall take into account the best interests of the child. Equivalent measures should apply when the hearing through videoconferencing concerns a vulnerable adult.
Training
Member States should ensure that the legal professionals concerned and competent authorities receive the necessary training for efficient use of the decentralised IT system and for the appropriate deployment of videoconferencing or other distance communication technology. The Commission should provide support for the training of legal professionals concerned and of the competent authorities in the efficient use of the decentralised IT system.
Documents
2023/03/01
EP - Vote in committee, 1st reading
2023/03/01
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2022/11/23
EP - Amendments tabled in committee
Documents
2022/10/14
EP - Committee draft report
Documents
2022/05/18
ESC - Economic and Social Committee: opinion, report
Documents
2022/04/20
EP - RADEV Emil (EPP) appointed as rapporteur in ['JURI', 'LIBE']
2022/04/20
EP - KALJURAND Marina (S&D) appointed as rapporteur in ['JURI', 'LIBE']
2022/03/10
EP - Referral to joint committee announced in Parliament
2022/01/17
EP - Committee referral announced in Parliament, 1st reading
2021/12/13
EC - Document attached to the procedure
Documents
2021/12/02
EC - Document attached to the procedure
Documents
2021/12/02
EC - Document attached to the procedure
Documents
2021/12/01
EC - Legislative proposal published
Details
PURPOSE: to introduce modern digital technology in access to justice and judicial cooperation in cross-border civil, commercial and criminal cases.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: in its communication on the digitalisation of justice in the EU, 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 (for example, specifically acknowledging the need to avoid social exclusion).
The rules on digitalisation set out in this proposal aim at improving access to justice and the efficiency and resilience of the communication flows inherent to the cooperation between judicial and other competent authorities in EU cross-border cases. The use of digital technologies has the potential to make judicial systems more efficient in this regard, by easing the administrative burden, shortening case processing times, making communication more secure and reliable, and partially automating case handling. However, as experience has shown, leaving Member States to develop their own national IT solutions leads to a fragmented approach and risks solutions not being compatible .
CONTENT: this proposal seeks to guarantee a common approach towards the use of modern technologies in cross-border judicial cooperation and access to justice.
In particular, it aims to:
- ensure the availability and use of electronic means of communication in cross-border cases between Member States’ judicial and other competent authorities, including the relevant JHA agencies and EU bodies, where such communication is provided for in EU legal instruments on judicial cooperation;
- enable the use of electronic means of communication in cross-border cases between individuals and legal entities, and courts and competent authorities, except in cases covered by the Service of documents regulations;
- facilitate the participation of parties to cross-border civil and criminal proceedings in oral hearings through videoconference or other distance communication technology, for purposes other than the taking of evidence in civil and commercial cases;
- ensure that documents are not refused or denied legal effect solely on the grounds of their electronic form (without interfering with the courts’ powers to decide on their validity, admissibility and probative value as evidence under national law);
- ensure the validity and acceptance of electronic signatures and seals in the context of electronic communication in cross-border judicial cooperation and access to justice;
- facilitate the electronic payment of fees.
Budgetary implications
The costs for the Member States will be rather limited: a total of EUR 8 100 000 per year i.e. EUR 300 000 per year per Member State. In the first two years, the cost of installation will be EUR 100 000 per year per Member State. This includes equipment costs and the human resources needed to configure it. The remaining EUR 200 000 are needed to provide support to an increasing number of users. As of the third year, there are no hardware and installation costs, only costs related to user support and maintenance of the system. This is estimated at EUR 300 000 per year. While Member States are expected to bear these costs from their national budgets, they can nonetheless apply for EU financial support under the relevant financing programmes, such as the Justice programme and the cohesion policy instruments.
Documents
Documents
- Final act published in Official Journal: Regulation 2023/2844
- Final act published in Official Journal: OJ L 000 27.12.2023, p. 0000
- Draft final act: 00050/2023/LEX
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading: T9-0432/2023
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE752.630
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE752.631
- Text agreed during interinstitutional negotiations: PE752.630
- Committee letter confirming interinstitutional agreement: PE752.631
- Committee report tabled for plenary, 1st reading: A9-0062/2023
- Amendments tabled in committee: PE738.655
- Committee draft report: PE737.303
- Economic and Social Committee: opinion, report: CES0174/2022
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2021)0580
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0392
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0393
- Legislative proposal published: COM(2021)0759
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2021)0392
- Document attached to the procedure: EUR-Lex SWD(2021)0393
- Document attached to the procedure: EUR-Lex SEC(2021)0580
- Economic and Social Committee: opinion, report: CES0174/2022
- Committee draft report: PE737.303
- Amendments tabled in committee: PE738.655
- Text agreed during interinstitutional negotiations: PE752.630
- Committee letter confirming interinstitutional agreement: PE752.631
- Draft final act: 00050/2023/LEX
Votes
Digitalisation of cross-border judicial cooperation – A9-0062/2023 – Emil Radev, Marina Kaljurand – Provisional agreement – Am 112 #
2023/11/23 Outcome: +: 551, 0: 6, -: 5
PPE
ID
NI
The Left| Amendments | Dossier |
| 281 |
2021/0394(COD)
2022/11/24
JURI, LIBE
281 amendments...
Amendment 100 #
Proposal for a regulation Recital 13 (13)
Amendment 101 #
Proposal for a regulation Recital 14 (14) Transmission through the decentralised IT system could be impossible due to a disruption of the system or where the nature of what has to be transmitted makes transmission by digital means impracticable, such as the transmission of physical/material evidence. It may also not be possible in circumstances where the system is functioning, but the user does not have access due to technical issues, or because the Member State has not yet made it available to them, or because the user has not yet received training in using the system. In addition, transmission through the decentralised IT system may not be appropriate in especially sensitive criminal cases, where the number of people involved in the procedure must be kept as small as possible, and therefore physical information exchange might be required. Where the decentralised IT system is not used, communication should be carried out
Amendment 102 #
Proposal for a regulation Recital 14 (14) In exceptional cases, other means of communication than the decentralised IT system may be used. Transmission through the decentralised IT system could be impossible due to a disruption of the system or where the nature of what has to be transmitted makes transmission by
Amendment 103 #
Proposal for a regulation Recital 14 (14) Transmission through the decentralised IT system could be impossible due to a disruption of the system or where the nature of what has to be transmitted makes transmission by digital means impracticable, such as the transmission of physical/material evidence. Where the decentralised IT system is not used, communication should be carried out by the most appropriate alternative means. Such alternative means should entail, inter alia, transmission being performed as swiftly as possible and in a secure manner by other secure electronic means
Amendment 104 #
Proposal for a regulation Recital 15 Amendment 105 #
Proposal for a regulation 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
Amendment 106 #
Proposal for a regulation Recital 15 a (new) (15 a) In order to safeguard the principle of equality of arms, it is important that when other parties in a case and their legal or authorised representative have the right to access case materials, such as communication between competent authorities, they can do so via the decentralised IT system.
Amendment 107 #
Proposal for a regulation Recital 16 (16) In relation to the components of the decentralised IT system, which are under the responsibility of the Union, the entity
Amendment 108 #
Proposal for a regulation Recital 17 (17) For the purpose of facilitating access of natural and legal persons to the competent authorities, this Regulation should establish an access point at Union level (European electronic access point), as part of the decentralised IT system through which natural and legal persons or their legal representatives should be able to file claims, launch requests, send and receive procedurally relevant information
Amendment 109 #
Proposal for a regulation Recital 17 (17) For the purpose of facilitating access of natural and legal persons to the competent authorities, this Regulation should establish an access point at Union level (European electronic access point), as part of the decentralised IT system through which natural and legal persons should be able to file claims, launch requests, send and receive procedurally relevant information and communicate with the competent authorities, for cases covered by this Regulation. The European electronic access point should be hosted on the European e-Justice Portal, which serves as a one-stop-shop for judicial information and services in the Union. The e-Justice portal should contain information on possible training courses on how to use the decentralised IT system for natural and legal persons involved in a cross-border judicial case and on how to access the platform. It should also have a helpline that enables citizens to obtain assistance on how to use the decentralised IT system.
Amendment 110 #
Proposal for a regulation Recital 17 (17) For the purpose of facilitating
Amendment 111 #
Proposal for a regulation Recital 17 (17) For the purpose of facilitating access of natural and legal persons to the competent authorities, this Regulation should establish an access point at Union level (European electronic access point), as part of the decentralised IT system through which natural and legal persons and their legal representatives should be able to file claims, launch requests, send and receive procedurally relevant information and communicate with the competent authorities, for cases covered by this Regulation. The European electronic access point should be hosted on the European e-Justice Portal, which serves as a one-stop-shop for judicial information and services in the Union.
Amendment 112 #
Proposal for a regulation 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, whilst fully respecting the specificities of national justice systems including the roles and responsibilities of the various actors involved, including Bars and Law Societies, and Notary Councils.
Amendment 113 #
Proposal for a regulation 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, as well as for the training of competent authorities and citizens involved in a cross border judicial procedure that uses the decentralised IT system.
Amendment 114 #
Proposal for a regulation 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 115 #
Proposal for a regulation 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 their legal or authorised representatives and the respective authorities which are competent in the proceedings under the legal acts listed in Annex I.
Amendment 116 #
Proposal for a regulation Recital 18 (18) Member States should be responsible for the establishment,
Amendment 117 #
Proposal for a regulation 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
Amendment 118 #
Proposal for a regulation Recital 19 (19) In the context of the communication in cross-border cases of natural and legal persons with competent authorities, electronic communication should be used as an alternative to the existing means of communication. Notwithstanding, to ensure that access to justice through digital means does not contribute to further widening of the digital divide, the choice of the means of communication between electronic communication, as provided by this Regulation, and other means of communication should be left to the discretion of the individuals concerned. The possibility of communication and exchanges by paper other means should be maintained to respond to certain situations, in order to prevent infringements of the rights of the defence and access to justice, and more generally to the law. This is particularly important in order to cater for the specific circumstances of disadvantaged groups and people in situation of vulnerability, such as children or older people, who may lack the requisite technical means or digital skills to access digital services.
Amendment 119 #
Proposal for a regulation Recital 19 (19) In the context of the communication in cross-border cases of natural and legal persons and their legal or authorised representatives with competent authorities, electronic communication
Amendment 120 #
Proposal for a regulation Recital 19 (19) In the context of
Amendment 121 #
Proposal for a regulation Recital 19 a (new) (19 a) The Commission shall make provision for, and fund, training at Member State level for legal professionals in the use of the decentralised IT system.
Amendment 122 #
Proposal for a regulation Recital 20 (20) In order to enhance electronic cross-border communication and transmission of documents through the decentralised IT system, the European electronic access point and national IT portals, where available, those documents should not be denied legal effect and should not be considered inadmissible in the proceedings solely on the grounds that they are in electronic form. However, that principle should be without prejudice to the assessment of the legal effects or the admissibility of those documents, which
Amendment 123 #
Proposal for a regulation Recital 20 (20) In order to en
Amendment 124 #
(21) In order to facilitate oral hearings in cross-border proceedings in civil, commercial and criminal matters
Amendment 125 #
Proposal for a regulation Recital 21 (21) In order to
Amendment 126 #
Proposal for a regulation Recital 21 (21) In order to facilitate oral hearings in proceedings in civil, commercial and criminal matters with cross-border implications, this Regulation should provide for the optional use of videoconferencing or other distance communication technology for the participation of the parties, as well as other relevant participants in proceedings, such as translators and the parties’ legal or authorised representatives, in such hearings. The procedure for applying and conducting of hearings through videoconferencing or other distance communication technology should be governed by the law of the Member State conducting the videoconference. The specific videoconferencing or other distance communication technology used should meet applicable privacy, data protection and information security standards irrespective of the type of hearing for which they are used. Conducting a hearing by videoconferencing or other distance communication technology should not be refused solely based on the non-existence of national rules governing the use of distance communication technology. In such cases the most appropriate rules available under the national law, such as rules for taking of evidence, should apply mutatis mutandis. In all cases where videoconferencing or other distance communication technology is used, the software used should be made freely available to all parties and other relevant participants to the proceedings. Moreover, in such cases, all parties and other relevant participants to the proceedings should have the necessary infrastructure to use videoconferencing or other distance communication technology, such as a stable internet connection and a suitable device. Any necessary adjustments should also be made to respect the principle of non-discrimination and all other fundamental rights guaranteed by the Charter.
Amendment 127 #
Proposal for a regulation Recital 21 (21) In order to facilitate oral hearings in proceedings in civil, commercial and criminal matters with cross-border implications, this Regulation should provide for the optional use of videoconferencing or other distance communication technology for the participation of the parties in such hearings. The procedure for applying and conducting of hearings through videoconferencing or other distance communication technology should be governed by the law of the Member State conducting the videoconference.
Amendment 128 #
Proposal for a regulation Recital 21 a (new) (21 a) When videoconferencing is used for conducting hearings in cross-border civil, commercial or criminal proceedings, technical arrangements should be provided to guarantee a high-quality connection, and a visual and logistical setting that replicates that of an in-person hearing, and that enables visual and non- verbal communication. Translations and intepretations should be guaranteed before and during the hearing through videoconferencing or other audiovisual transmission technology to ensure that all concerned parties fully understand the merits of the case and how to exercise their rights in the proceedings. Where necessary, qualified translations and interpretation in sign languages should also be put in place to prevent the risk that the use of technologies create new barriers for vulnerable persons, including those with communication and/or learning disabilities. The authorities respectively responsible for requesting and authorising the holding of a hearing by videoconferencing should carefully assess, on a case-by-case basis, whether the use of remote communication technology is compatible with national procedural rules applying to the hearings in question. Member States should ensure that the videoconferencing or other audiovisual transmission technology used in cross-border proceedings enable all participants to follow the hearing, and allow all parties and persons concerned to be heard without technical or material impediments. Videoconferencing or other audiovisual transmission technology should only be used in full respect of the right to effective and confidential communication with a lawyer, the right to file and inspect evidence, and the right to examine witnesses. Informed consent of the parties on the use of videoconferencing should be a general principle applicable in all proceedings. The use of videoconferencing should enable a fair representation of the reality of the situation of the persons involved, and ensure the publicity of the trial where necessary.
Amendment 129 #
Proposal for a regulation Recital 21 a (new) (21 a) Each Member State should bear the costs of establishing and adjusting its national IT systems to make them interoperable with the access points, should bear the costs of administering, operating and maintaining those systems, and should organise training courses for legal representatives, competent authorities and citizens on how to use those national IT systems.
Amendment 130 #
Proposal for a regulation Recital 21 a (new) (21 a) Member States should ensure that any procedural rights foreseen in national law are respected regardless of whether an oral hearing takes place in person or via videoconferencing or any other distance communication technology and regardless of any unforeseen technical or logistical difficulties that may arise.
Amendment 131 #
Proposal for a regulation Recital 22 (22) This Regulation should not apply to the use of videoconferencing or other distance communication technology in civil, commercial and criminal proceedings where such use is already foreseen in the legal acts, listed in Annex I and Annex II. This Regulation should neither apply to the use of videoconferencing nor to other audiovisual transmission technology in purely domestic criminal proceedings.
Amendment 132 #
Proposal for a regulation 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 133 #
Proposal for a regulation 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 accessible payment methods widely available throughout the Union, such as credit cards, debit cards, e-wallet and bank transfers.
Amendment 134 #
Proposal for a regulation 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
Amendment 135 #
Proposal for a regulation Recital 24 a (new) (24 a) Member States should assess how digitalisation of proceedings impacts the costs related to the management and governance of their justice systems, as well as consider whether any cost reductions and savings made possible by digitalisation could result in lower legal fees, thereby improving access to justice by making it more affordable and less dependent on economic or social factors.
Amendment 136 #
Proposal for a regulation Recital 26 (26) In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement of 13April 2016 on Better Law-Making45 , the Commission should evaluate this Regulation on the basis of the information collected through specific monitoring arrangements and independent quantitative and qualitative assessments for each of the legal acts, listed in Annexes I and II to this Regulation in order to assess the actual effects of this Regulation and to detect, prevent or rectify impact on legality, accessibility, and effectiveness the EU and Member States justice systems, and the need for any further action. _________________ 45 Interinstitutional Agreement between the
Amendment 137 #
Proposal for a regulation Recital 27 (27) The reference implementation software developed by the Commission as a back-end system should programmatically collect the data necessary for monitoring purposes and such data should be transmitted to the Commission. Where Member States choose to use a national IT system instead of the reference implementation software developed by the Commission, such a system
Amendment 138 #
Proposal for a regulation Recital 28 a (new) (28 a) Member States should pay particular attention to ensuring that any lack of digital skills does not become an obstacle to the use of the decentralized IT system. Member States should ensure that training is provided to and easily accessible for the professionals who will act as end users of the IT system in order to ensure that they can use the system efficiently.
Amendment 139 #
Proposal for a regulation Recital 28 a (new) (28a) The representative bodies of justice professionals should be involved in the development of new electronic communication processes.
Amendment 140 #
Proposal for a regulation Recital 29 (29) The application of this Regulation should be without prejudice to the separation of powers and the independence of the judiciary across the Member States, as well as to procedural rights as enshrined in the Charter of Fundamental Rights of the European Union46 and Union law, such as the procedural rights directives47 , and in particular to the right to an interpreter, the right of access to a lawyer, the right of access to the case file, the right to legal aid, and the right to be present at the trial. _________________ 46 Charter of Fundamental Rights of the
Amendment 141 #
Proposal for a regulation Recital 29 (29) The application of this Regulation is
Amendment 142 #
Proposal for a regulation Recital 29 a (new) (29 a) In their application of this Regulation, the Union and the Member States should have due regard to the environmental impact of the digitialisation of cross-border judicial cooperation and should therefore aim to put in place measures that mitigate or reduce such impact to the extent possible and in view of promoting environmental sustainability.
Amendment 143 #
Proposal for a regulation Recital 29 b (new) (29 b) For the purposes of complying with this Regulation in full respect of the Charter, given the highly sensitive nature of the information exchanged, Member States should strive to put in place national measures that would ensure a level of cybersecurity that is comparable to that of the NIS2 proposal.
Amendment 144 #
(30) Regulation (EU) 2018/1725, Regulation (EU) 2016/679 of the European Parliament and the Council and Directive (EU) 2016/68048 of the European Parliament and the Council, apply to the processing of personal data carried out in the decentralised IT system. In order to clarify the responsibility for the processing of personal data sent or received through the decentralised IT system, this Regulation should indicate the controller of the personal data. For this purpose, each sending or receiving entity should be regarded as having determined the purpose and means of the personal data processing separately. _________________ 48 Directive (EU) 2016/680 of the
Amendment 145 #
Proposal for a regulation Recital 31 (31) In order to ensure uniform conditions for the implementation of this Regulation as regards the establishment of
Amendment 146 #
Proposal for a regulation 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 147 #
Amendment 148 #
Proposal for a regulation Article 1 – paragraph 1 – subparagraph 1 – point d Amendment 149 #
Proposal for a regulation Article 1 – paragraph 1 a (new) 1 a. This Regulation shall apply only to existing procedures and does not amend rules of these procedures in substance.
Amendment 150 #
Proposal for a regulation Article 1 – paragraph 2 Amendment 151 #
Proposal for a regulation Article 1 – paragraph 2 – point b (b) electronic communication between natural or legal persons and competent authorities
Amendment 152 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) “competent authorities” means courts, public prosecutors
Amendment 153 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) “electronic communication” means digital exchange of
Amendment 154 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 (3) “electronic document” means a
Amendment 155 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) “decentralised IT system” means
Amendment 156 #
Proposal for a regulation 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 management of each Member State, Union agency or body that enables the auditable, secure and reliable cross-border exchange of information;
Amendment 157 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 a (new) (6 a) “Hearing through videoconferencing” means a hearing held through videconferencing tools or other audiovisual transmission technology enabling the remote participation of persons in the pre-trial or trial phase of a proceeding. In the context of criminal proceedings, “Hearing through videoconferencing” means a hearing held in cross-border proceedings under the legal acts listed in Annex II, at the request of a Member State that is different from the one where at least one of the persons to be heard or questioned are located, and for which the persons to be heard or questioned gave their consent to be heard or questioned through videconferencing or other audiovisual transmission technology.
Amendment 158 #
Proposal for a regulation Article 2 a (new) Article 2 a Non-discrimination and respect for fundamental rights The fundamental rights and freedoms of all persons affected by electronic communication in judicial procedures in civil, commercial and criminal matters, in particular the right to effective access to justice, the right to a fair trial, the principle of non-discrimination, the right to the protection of personal data and the right to privacy, shall be fully respected in accordance with Union law.
Amendment 159 #
Article 2 b Separation of powers and independence of the judiciary When carrying out their responsibilities under this Regulation, all entities shall respect the principle of the separation of powers and ensure that their decisions and actions respect the principle of the independence of the judiciary.
Amendment 160 #
Proposal for a regulation Article 3 – paragraph 1 1.
Amendment 161 #
Proposal for a regulation Article 3 – paragraph 1 1. Written communication between competent authorities in cases falling under the scope of the legal acts listed in Annex I
Amendment 162 #
Proposal for a regulation 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 163 #
Proposal for a regulation Article 3 – paragraph 1 1.
Amendment 164 #
Proposal for a regulation 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
Amendment 165 #
Proposal for a regulation 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 or where such electronic communication is otherwise inappropriate on account of the specific circumstances of the case, as assessed by the national competent authorities, 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.
Amendment 166 #
Proposal for a regulation 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 167 #
Proposal for a regulation 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 or due to other reasons invoked by a concerned competent authority, the nature of the transmitted material or exceptional circumstances, the transmission shall be carried out by the swiftest, most appropriate alternative means,
Amendment 168 #
Proposal for a regulation Article 3 – paragraph 2 2. Where electronic communication in accordance with paragraph 1 is not possible due to exceptional circumstances, such as the disruption of the decentralised IT system
Amendment 169 #
Proposal for a regulation 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
Amendment 170 #
Proposal for a regulation Article 3 – paragraph 3 Amendment 171 #
Proposal for a regulation 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,
Amendment 172 #
Proposal for a regulation Article 3 – paragraph 3 3. Where the competent authorities consider, in the context of specific proceedings, that the use of the decentralised
Amendment 173 #
Proposal for a regulation Article 3 – paragraph 3 3. Where 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 used by the competent authority.
Amendment 174 #
Proposal for a regulation Article 3 – paragraph 3 3. Where the use of the decentralised IT system is not appropriate in view of the specific circumstances of the communication in question, any other secure means of communication may be used.
Amendment 175 #
Proposal for a regulation Article 3 – paragraph 3 a (new) 3 a. The means of communication used to share evidence shall not affect the validity and admissibility of the evidence exchanged, as long as those means are secure and reliable.
Amendment 176 #
Proposal for a regulation Article 3 – paragraph 3 a (new) 3 a. Documents submitted by means other than the decentralised IT system shall not be considered inadmissible solely on that basis.
Amendment 177 #
Proposal for a regulation Article 3 – paragraph 4 Amendment 178 #
Proposal for a regulation 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
Amendment 179 #
Proposal for a regulation Article 3 – paragraph 4 a (new) 4 a. Where appropriate and in accordance with Member States’ national law, parties to a case and their legal or authorised representative shall have access to relevant case materials, such as communication between competent authorities, via the decentralised IT system.
Amendment 180 #
Proposal for a regulation 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 181 #
Proposal for a regulation Article 3 – paragraph 4 a (new) 4 a. The requirements under applicable national law concerning the admissibility of documents or information shall remain unaffected by this Regulation.
Amendment 182 #
Proposal for a regulation Article 3 – paragraph 4 a (new) 4 a. Use of the decentralised IT system, or not, as the case may be, shall have no bearing on the admissibility of evidence exchanged.
Amendment 183 #
Proposal for a regulation Article 3 a (new) Amendment 184 #
Proposal for a regulation Article 3 a (new) Article 3 a The obligations set out in the Article 3 (1), (2) and (3) and the possibility to use alternative means of exchanging information do not affect the admissibility of the evidence collected.
Amendment 185 #
Proposal for a regulation Article 4 – paragraph 1 1. A European electronic access point shall be established on the European e- Justice Portal, to be used for electronic communication between natural or legal persons and competent authorities in cases falling under the scope of the legal acts listed in Annex I. That European electronic access point shall be such as to meet the accessibility requirements set out in Annex I to Directive (EU) 2019/882 of the European Parliament and of the Council1a. _________________ 1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
Amendment 186 #
Proposal for a regulation Article 4 – paragraph 1 1. A European electronic access point shall be established on the European e- Justice Portal, to be used for electronic communication between natural or legal persons and their duly appointed legal representatives and competent authorities in cases falling under the scope of the legal acts listed in Annex I.
Amendment 187 #
Proposal for a regulation Article 4 – paragraph 1 1. A European electronic access point shall be established on the European e- Justice Portal, to be used for electronic communication between natural or legal persons, or their legal or authorised representative, and competent authorities in cases falling under the scope of the legal acts listed in Annex I.
Amendment 188 #
Proposal for a regulation Article 4 – paragraph 1 1. A European electronic access point shall be established on the European e- Justice Portal, to be used for electronic communication between natural or legal persons, their legal representatives, and competent authorities in cases falling under the scope of the legal acts listed in Annex I.
Amendment 189 #
Proposal for a regulation Article 4 – paragraph 1 a (new) 1 a. The European electronic access point shall allow natural and legal persons to nominate a legal representative to perform the actions outlined in paragraph 3 in cases falling under the scope of the legal acts listed in Annex I, and to perform the actions outlined in paragraph 4 in cases falling under the scope of the legal acts listed in Annex II.
Amendment 190 #
Proposal for a regulation 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 191 #
Proposal for a regulation Article 4 – paragraph 2 2. The Commission shall be responsible for the technical management, development, maintenance, security and support of the European electronic access point. The Commission shall collaborate with external experts with a proven track record in secure, user-friendly and accessible IT development in the design and build stages of the European electronic access point.
Amendment 192 #
Proposal for a regulation Article 4 – paragraph 2 2. The Commission shall be responsible for the creation, technical management, development, maintenance, security and support of the European electronic access point. The European electronic access point shall be made as accessible as technically possible to all natural or legal persons and their legal or authorised representatives.
Amendment 193 #
Proposal for a regulation Article 4 – paragraph 2 2. The Commission shall be responsible for the technical management, development, accessibility, maintenance, security and support of the European electronic access point.
Amendment 194 #
Proposal for a regulation Article 4 – paragraph 2 a (new) 2 a. Member States shall ensure that accessible and free of charge assistance services are provided to any natural or legal persons and their legal or authorised representatives who may require them in order to use the European electronic access point or the national IT portals, where available.
Amendment 195 #
Proposal for a regulation Article 4 – paragraph 3 3. The European electronic access point shall contain information for natural and legal persons on their right to legal assistance, including in cross-border proceedings. The European electronic access point shall allow natural and legal persons or their legal representatives to file claims, launch requests, request and obtain access to digitalised case files, send and receive procedurally relevant information and communicate with the competent authorities, including in the pre-trial and trial stages of cross-border proceedings in civil, commercial and criminal matters. The European electronic access point shall ensure that national procedural requirements, such as forms, language and legal representation in the concerned proceedings, are respected.
Amendment 196 #
Proposal for a regulation Article 4 – paragraph 3 3. The European electronic access point shall refer to the European e-justice Portal as regards the information for natural and legal persons on their right to legal assistance and shall allow natural and legal persons to file claims, launch requests, send and receive procedurally relevant information and communicate with the competent authorities.The European electronic access point shall be accessible from the European e-justice Portal which is available in all EU official languages and contains all necessary forms.
Amendment 197 #
Proposal for a regulation Article 4 – paragraph 3 3. The European electronic access point shall allow natural and legal persons and their legal or authorised representative to file claims, launch requests, send and receive procedurally relevant information
Amendment 198 #
Proposal for a regulation Article 4 – paragraph 3 3. The European electronic access point shall allow natural and legal persons and their legal representatives to file claims, launch requests, send and receive procedurally relevant information and communicate with the competent authorities.
Amendment 199 #
Proposal for a regulation Article 4 – paragraph 3 a (new) 3 a. In cases falling under the scope of the legal acts listed in Annex II, the European electronic access point shall allow natural and legal persons or their duly nominated legal representatives to launch requests and to send and receive procedurally relevant information and communicate with the competent authorities in the context of a defence.
Amendment 200 #
Proposal for a regulation Article 5 – title Means of communication between natural
Amendment 201 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. Written communication between natural or legal persons, members of the legal professions 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 202 #
Proposal for a regulation 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
Amendment 203 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. Written communication between natural or legal persons or their legal representatives and competent authorities falling within the scope of the legal acts listed in Annex I and Annex II, may be carried out by the following electronic means:
Amendment 204 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. Written communication between natural
Amendment 205 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. Written communication between natural or legal persons, their legal 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 206 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. Written electronic communication between natural or legal persons 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 207 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a)
Amendment 208 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b)
Amendment 209 #
Proposal for a regulation 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 210 #
Proposal for a regulation Article 5 – paragraph 2 2. Competent authorities shall communicate with natural and legal persons through the European electronic access point, where that natural or legal person gave prior express consent to the use of this means of communication, and that means of communication is accessible to any person with a disability.
Amendment 211 #
Proposal for a regulation Article 5 – paragraph 2 2. Competent authorities shall communicate with natural and legal persons, or their duly nominated legal representatives, as appropriate, through the European electronic access point, where that natural or legal person gave prior express consent to the use of this means of communication.
Amendment 212 #
Proposal for a regulation Article 5 – paragraph 2 2. Competent authorities shall communicate with natural
Amendment 213 #
Proposal for a regulation Article 5 – paragraph 3 3. Communication
Amendment 214 #
Proposal for a regulation Article 5 a (new) Article 5 a Means of communication between legal persons and competent authorities 1. Written communication between legal persons or their legal or authorised representative and competent authorities falling within the scope of the legal acts listed in Annex I, shall be carried out by the following electronic means: (a) the European electronic access point; or (b) national IT portals, where available. 2. Where electronic communication in accordance with paragraph 1 is not possible due to exceptional circumstances, such as the disruption of the decentralised IT system and the nature of the transmitted material, 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. 3. Documents submitted by means other than the decentralised IT system shall not be considered inadmissible solely on that basis. 4. Communication under paragraph 1 shall be considered equivalent to written communication under the applicable procedural rules.
Amendment 215 #
Proposal for a regulation 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
Amendment 216 #
Proposal for a regulation 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 217 #
Proposal for a regulation Article 6 – paragraph 1 Competent authorities shall accept electronic communication under Article 5(1) and Article 5a(1), transmitted through the European electronic access point or national IT portals, where available.
Amendment 218 #
Proposal for a regulation Article 6 – paragraph 1 Competent authorities shall accept electronic communication under Article 5(1), transmitted through the European electronic access point
Amendment 219 #
Proposal for a regulation Article 7 – title Hearing through videoconferencing or other distance communication technology in civil and commercial matters when one of the parties is present in another Member States
Amendment 220 #
Proposal for a regulation Article 7 – title Hearing through videoconferencing or other distance communication technology in cross-border civil and commercial matters
Amendment 221 #
Proposal for a regulation Article 7 – title Hearing through videoconferencing or other
Amendment 222 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. Without prejudice to specific provisions regulating the use of videoconferencing or other distance communication technology in proceedings under the legal acts listed in Annex I,
Amendment 223 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. Without prejudice to specific provisions regulating the use of videoconferencing or other distance communication technology in proceedings under the legal acts listed in Annex I, and upon request of a party to proceedings falling under the scope of these legal acts or in other civil and commercial matters where one of the parties is present in another Member State, or upon request of their legal or authorised representative, competent authorities shall allow their participation as well as of all other relevant participants to the proceedings to a hearing by videoconferencing or other distance communication technology, provided that:
Amendment 224 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. Without prejudice to specific provisions regulating the use of
Amendment 225 #
Proposal for a regulation Article 7 – paragraph 1 – point a Amendment 226 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) such technology is available and the relevant software is made freely available to all parties and other relevant participants to the proceedings, and
Amendment 227 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) such technology is available, and meets the accessibility requirements set out in Annex I to Directive (EU) 2019/882, and
Amendment 228 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the other party or parties to the proceedings were given the possibility to submit an opinion on or refuse the use of videoconferencing or other distance communication technology.
Amendment 229 #
Proposal for a regulation Article 7 – paragraph 1 – point b a (new) (b a) all parties and other relevant participants to the proceedings have access to the necessary infrastructure to use videoconferencing or other distance communication technology, and
Amendment 230 #
Proposal for a regulation Article 7 – paragraph 1 – point b a (new) (b a) procedural safeguards requested by a party with disabilities are granted.
Amendment 231 #
Proposal for a regulation Article 7 – paragraph 1 – point b b (new) (b b) the necessary adjustments are made to assure non-discrimination and respect for fundamental rights of all parties in line with Article 2a as well as respective procedural rights
Amendment 232 #
Proposal for a regulation Article 7 – paragraph 2 Amendment 233 #
Proposal for a regulation Article 7 – paragraph 2 2. A request for conducting an oral hearing through videoconferencing or other distance communication technology may be refused by the competent authority where the particular circumstances of the case are not compatible with the use of such technology, especially where one of the parties would be at a disadvantage because of the ‘digital divide’ they would face.
Amendment 234 #
Proposal for a regulation Article 7 – paragraph 2 2. A request for conducting an oral hearing through videoconferencing or other distance communication technology may be refused by the competent authority where the particular circumstances of the case are not compatible with the use of such technology. The competent authority shall provide a written statement of reasons for refusal.
Amendment 235 #
Proposal for a regulation Article 7 – paragraph 2 2. A request for conducting an oral hearing through videoconferencing or other distance communication technology may be refused by the competent authority where the particular circumstances of the case are not compatible with the use of such technology and the decision is duly justified.
Amendment 236 #
Proposal for a regulation Article 7 – paragraph 2 2. A request for conducting an oral hearing through videoconferencing or other
Amendment 237 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 238 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 239 #
Proposal for a regulation Article 7 – paragraph 3 3. Competent authorities may on their own motion allow the participation of parties to hearings by videoconference, provided that all parties to the proceedings are given the possibility to submit an opinion on or refuse the use of videoconferencing or other
Amendment 240 #
Proposal for a regulation Article 7 – paragraph 3 3. Competent authorities may on their own motion
Amendment 241 #
Proposal for a regulation Article 7 – paragraph 4 4. Subject to this Regulation, the procedure for requesting and conducting a videoconference shall be regulated by the national law of the Member State
Amendment 242 #
Proposal for a regulation Article 7 – paragraph 4 4.
Amendment 243 #
Proposal for a regulation Article 7 – paragraph 4 a (new) 4 a. The confidentiality of communication between the parties and their lawyer before and during the hearing through videoconferencing or other audiovisual transmission technology shall be ensured at all times and in any circumstances. Any breach of this confidentiality shall result in the invalidity of the hearing, and of any information that arise from such breach.
Amendment 244 #
Proposal for a regulation Article 7 – paragraph 4 a (new) 4 a. Where the recording of hearings is provided for under the national law of a Member State for domestic cases, the same rules shall apply also to hearings through videoconferencing or other distance communication technology in cross-border cases. Member States shall take appropriate measures to ensure that such records are secured and not publicly disseminated.
Amendment 245 #
Proposal for a regulation Article 7 – paragraph 4 a (new) 4 a. Member States shall ensure that the use of videoconference or other distance communication technology is accessible for any person with a disability.
Amendment 246 #
Proposal for a regulation Article 7 – paragraph 5 a (new) 5 a. During the remote hearing, the court should be able to continuously monitor the quality of the image and sound of the video connection in order to ensure that any technical problems do not affect the right of the parties to participate effectively in the proceedings
Amendment 247 #
Proposal for a regulation Article 8 – title Hearing through videoconferencing or other
Amendment 248 #
Proposal for a regulation Article 8 – title 8 Hearing through videoconferencing or other distance communication technology in cross-border criminal proceedings
Amendment 249 #
Proposal for a regulation Article 8 – title Hearing through videoconferencing or other distance communication technology in cross-border criminal proceedings
Amendment 250 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. Where the competent authority of a Member State requests the hearing of a suspect, accused or convicted person in proceedings under the legal acts listed in Annex II,
Amendment 251 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. Where the competent authority of a Member State requests the hearing of a suspect, accused or convicted person in proceedings under the legal acts listed in Annex II, and where the person is located in another Member State, the competent authorit
Amendment 252 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. Where the competent authority of a
Amendment 253 #
Proposal for a regulation Article 8 – paragraph 1 – point a (a)
Amendment 254 #
Proposal for a regulation Article 8 – paragraph 1 – point a (a) such technology is available and the relevant software is made freely available to all parties and other relevant participants to the proceedings;
Amendment 255 #
Proposal for a regulation Article 8 – paragraph 1 – point a a (new) (a a) the hearing through videoconferencing or other audiovisual transmission technology would not be contrary to the fundamental principle of the law of the authorising state;
Amendment 256 #
Proposal for a regulation Article 8 – paragraph 1 – point a b (new) (a b) the hearing through videoconferencing or other audiovisual transmission technology would not be incompatible with the authorising State’s obligations in accordance with Article 6 TEU and the Charter;
Amendment 257 #
Proposal for a regulation Article 8 – paragraph 1 – point b (b) the particular circumstances of the case justify the use of such technology
Amendment 258 #
Proposal for a regulation Article 8 – paragraph 1 – point b (b) the particular circumstances
Amendment 259 #
Proposal for a regulation Article 8 – paragraph 1 – point c Amendment 260 #
Proposal for a regulation Article 8 – paragraph 1 – point c (c) the suspect, accused or convicted persons expressed consent on the use of videoconferencing or other distance communication technology.
Amendment 261 #
Proposal for a regulation Article 8 – paragraph 1 – point c (c) the suspect, accused or convicted persons expressed consent on
Amendment 262 #
Proposal for a regulation Article 8 – paragraph 1 – point c (c) the suspect, accused or convicted persons expressed consent on the use of videoconferencing or other distance communication technology.
Amendment 263 #
Proposal for a regulation Article 8 – paragraph 1 – point c a (new) (c a) the consent of a suspect, accused or convicted person to the use of videoconferencing, is given voluntarily and unequivocally, and that the competent authority conducting the hearing by videoconferencing or other distance communication technology has verified that consent prior to starting such hearing. The consent shall be recorded in the case file, and shall be confirmed and recorded at the begining of the video- conferencing hearing. The form and the validity of the consent shall be compatible with the criminal laws of both the Member State making the request, and of the Member State authorising the request. Such consent may be withdrawn at any time during the trial.
Amendment 264 #
Proposal for a regulation Article 8 – paragraph 1 – point c a (new) (c a) All parties as well as all other relevant participants to proceedings have access to the necessary infrastructure to use videoconferencing or other distance communication technology.
Amendment 265 #
Proposal for a regulation Article 8 – paragraph 1 – point c a (new) (ca) such technology is not used in criminal matters.
Amendment 266 #
Proposal for a regulation Article 8 – paragraph 1 – point c b (new) (c b) without prejudice to national law governing the procedure and time limits for submission of evidence, the technology used for the purposes of conducting the hearing through videoconferencing or other distance communication technology ensures it is possible to submit, review and examine evidence, including through the examination of witnesses.
Amendment 267 #
Proposal for a regulation Article 8 – paragraph 1 a (new) 1 a. The competent authorities in the requesting and authorising Member States shall agree the practical arrangements of the hearing through videoconferencing or other audiovisual transmission technology.When agreeing such arrangements, the competent authority authorising the hearing through videoconferencing or other audiovisual transmission technology shall undertake to: (a) summon the suspected, accused or convicted persons to appear for the hearing in accordance with the detailed rules laid down in the law of the executing State and inform such persons about their rights under the law of the issuing State, in such a time as to allow them to exercise their rights of defence effectively; (b) ensure the identity of the person to be heard; (c) ensure that the suspected, accused or convicted persons receive materials of the case essential to safeguard the right of the defence translated into their native language.
Amendment 268 #
Proposal for a regulation Article 8 – paragraph 1 a (new) 1 a. Member States shall ensure that the consent to videoconferencing by a suspect, accused or convicted person is given voluntarily and unequivocally. The competent authority conducting the hearing by videoconferencing or other distance communication technology shall verify the suspect’s, accused or convicted person’s consent before proceeding with the hearing through videoconferencing or other distance communication technology. Judicial verification of the consent shall be recorded in the records of the hearing in accordance with the national law of the Member State.
Amendment 269 #
Proposal for a regulation Article 8 – paragraph 1 b (new) 1 b. The issuing Member State authority shall use the decentralised IT system referred to in Article 3(1) in criminal matters to provide information to the executing Member State to enable the suspect, accused or convicted person to appoint a lawyer in the issuing state in accordance with Article 10(5) of the Directive 2013/48/EU and apply for legal aid in the issuing state in accordance with Article 5 of the Directive 2016/1919/EU.
Amendment 270 #
Proposal for a regulation Article 8 – paragraph 2 2. Paragraphs 1
Amendment 271 #
Proposal for a regulation Article 8 – paragraph 3 3. Subject to this Regulation, the procedure for conducting a videoconference shall be regulated by the national law of the Member State requesting the videoconference. The Member State which requests the video conference shall also conduct
Amendment 272 #
Proposal for a regulation Article 8 – paragraph 3 3. Subject to this Regulation, the procedure for conducting a videoconference shall be regulated by the national law of the Member State
Amendment 273 #
Proposal for a regulation Article 8 – paragraph 3 3.
Amendment 274 #
Proposal for a regulation Article 8 – paragraph 3 – point a (new) (a) the competent authority of the State authorising the hearing through videconferencing or other audiovisual transmission technology shall be present during the hearing, where necessary assisted by an interpreter, and shall also be responsible for ensuring both the identity of the person to be heard and respect for the fundamental principles of the law of the authorising State. If the competent authority in the Member State authorising the hearing through videoconferencing or other audiovisual transmission technology is of the view that during the hearing the fundamental principles of the law of their State are being infringed, it shall immediately take the necessary measures to ensure that the hearing continues in accordance with those principles;
Amendment 275 #
Proposal for a regulation Article 8 – paragraph 3 – point b (new) (b) measures for the protection of the person to be heard shall be agreed, where necessary, between the competent authorities of the requesting State and the authorising State;
Amendment 276 #
Proposal for a regulation Article 8 – paragraph 3 – point c (new) (c) the hearing shall be conducted directly by, or under the direction of, the competent authority of the requesting State in accordance with its own laws;
Amendment 277 #
Proposal for a regulation Article 8 – paragraph 3 – point d (new) (d) at the request of the requesting State or the person to be heard, the State authorising the hearing through videoconferenging or other audiovisual transmission technology shall ensure that the person to be heard is assisted by an interpreter;
Amendment 278 #
Proposal for a regulation Article 8 – paragraph 3 – point e (new) (e) suspected, accused and convicted persons shall be informed in advance of the hearing of the procedural rights which would accrue to them, including the right not to testify, under the law of the requesting State and the authorising State.
Amendment 279 #
Proposal for a regulation Article 8 – paragraph 4 4. The confidentiality of communication between suspects, accused or convicted persons and their lawyer before and during the hearing through videoconferencing or other distance communication technology shall be ensured. Without prejudice to national law governing the procedure and time limits for submission of evidence, the technology used for the purposes of conducting the hearing through videoconferencing or other distance communication technology shall ensure the possibility to submit, review and examine evidence, including examination of witnesses.
Amendment 280 #
Proposal for a regulation Article 8 – paragraph 4 4. The confidentiality of communication between suspects, accused or convicted persons and their lawyer before and during the hearing through videoconferencing or other distance communication technology shall be ensured. The defendants should be able to communicate with their legal representative over a secured system. The use of a secured line, different from the video connection provided for the remote hearing,´will be ensured.
Amendment 281 #
Proposal for a regulation Article 8 – paragraph 4 4. The confidentiality of communication between suspects, accused or convicted persons and their lawyer before and during the hearing through videoconferencing or other
Amendment 282 #
4. The confidentiality of communication, such as through the use of videoconferencing or other distance communication technology, as well as sharing of documents between suspects, accused or convicted persons and their lawyer before
Amendment 283 #
Proposal for a regulation Article 8 – paragraph 5 5. Before hearing a child through videoconferencing or other
Amendment 284 #
Proposal for a regulation Article 8 – paragraph 5 5. Before hearing a
Amendment 285 #
Proposal for a regulation Article 8 – paragraph 6 6. Where the recording of hearings is provided for under the national law of a Member State for domestic cases, the same rules shall apply also to hearings through videoconferencing or other distance communication technology in cross-border cases. Member States shall take appropriate measures to ensure that such records are secured and not publicly disseminated. Without prejudice to any measures agreed for the protection of persons, on the conclusion of the hearing, the requesting authority shall draw up minutes indicating the date and place of the hearing, the identity of the person heard, the identities and functions of all other persons in the authorising State participating in the hearing, any oaths taken and the technical conditions under which the hearing took place. The document shall be forwarded by the authority competent to authorise the hearing through videconferencing or other audivisual transmission technology, to the competent authority in the requesting State.
Amendment 286 #
Proposal for a regulation Article 8 – paragraph 7 Amendment 287 #
Proposal for a regulation Article 8 – paragraph 7 7. A suspect, an accused and the convicted person shall have the right to an effective legal remedy under national law in the event of a breach of their rights deriving from the implementation of this Article.
Amendment 288 #
Proposal for a regulation Article 8 – paragraph 7 7. A suspect, an accused and the convicted person shall
Amendment 289 #
Proposal for a regulation Article 8 – paragraph 7 a (new) 7 a. Each Member State shall take the necessary measures to ensure that, where the person is being heard within its territory in accordance with this Article and refuses to testify when under an obligation or does not testify the truth, its national law applies in the same way as if the hearing took place in a national procedure.
Amendment 290 #
Proposal for a regulation Article 8 – paragraph 7 b (new) 7 b. On the conclusion of the videoconference, the national authority shall draw up minutes indicating the date and place of the hearing, the identity of the person heard, the identities and functions of all other persons participating in the videoconference, any oaths taken and the technical conditions under which the hearing took place.
Amendment 291 #
Proposal for a regulation Article 8 – paragraph 7 c (new) Amendment 292 #
Proposal for a regulation Article 9 – title Amendment 293 #
Proposal for a regulation Article 9 – paragraph 3 3. Where a document transmitted as part of the electronic communication under Article 5 of this Regulation requires or features a seal or handwritten signature,
Amendment 294 #
Proposal for a regulation 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 295 #
Proposal for a regulation Article 11 – paragraph 2 2. Member States shall provide for technical and accessible means allowing the payment of the fees referred to in paragraph 1 through the European electronic access point.
Amendment 296 #
Proposal for a regulation Article 11 a (new) Amendment 297 #
Proposal for a regulation Article 12 – title Adoption of
Amendment 298 #
Proposal for a regulation Article 12 – paragraph 1 – introductory part 1. The Commission shall adopt
Amendment 299 #
Proposal for a regulation Article 12 – paragraph 1 – point a a (new) (a a) a) the technical specifications ensuring the accessibility of the decentralised IT system for any person with a disability using the platform;
Amendment 300 #
Proposal for a regulation Article 12 – paragraph 1 a (new) 1 a. The specifications, objectives and related technical requirements listed in paragraph 1 shall be established in close consultation with the relevant experts and legal practitioners.
Amendment 301 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 302 #
Proposal for a regulation Article 12 – paragraph 3 3. The
Amendment 303 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 304 #
Proposal for a regulation Article 12 – paragraph 5 Amendment 305 #
Proposal for a regulation Article 12 – paragraph 6 Amendment 306 #
Proposal for a regulation Article 12 a (new) Article 12 a Training Member States shall provide appropriate training for the staff of competent authorities for the use of the digital means falling under this Regulation.
Amendment 307 #
Proposal for a regulation Article 13 – paragraph 1 1. The Commission shall be responsible for the creation, accessibility, maintenance and development of reference implementation software which Member States may choose to apply as their back- end system instead of a national IT system. The creation, maintenance and development of the reference implementation software shall be financed from the general budget of the Union. The Commission shall also ensure that Member States provide adequate training courses for competent authorities, legal representatives and any person using the decentralised IT system, and shall support the Member States in providing those training courses, in order to ensure that that IT system functions correctly and efficiently.
Amendment 308 #
Proposal for a regulation Article 13 a (new) Article 13 a Training Member States shall ensure that the professionals concerned and competent authorities receive the necessary specialised training for the efficient use of the decentralised IT systems, and for the appropriate deployment of videoconferencing and other audiovisual transmission technologies in judicial proceedings, including in cross-border settings.
Amendment 309 #
Proposal for a regulation Article 14 – paragraph 2 2. Each Member State shall bear the costs of establishing and adjusting its national IT systems to make them interoperable with the access points, and shall bear the costs of administering, operating and maintaining those systems, as well as organise training courses for legal representatives, competent authorities and citizens on how to use those national IT systems.
Amendment 310 #
Proposal for a regulation Article 14 – paragraph 3 3. Member States shall
Amendment 311 #
Proposal for a regulation 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.
Amendment 312 #
Proposal for a regulation Article 16 Amendment 313 #
Proposal for a regulation Article 17 – paragraph 1 1. Every
Amendment 314 #
Proposal for a regulation Article 17 – paragraph 1 1. Every
Amendment 315 #
Proposal for a regulation Article 17 – paragraph 1 1. Every
Amendment 316 #
Proposal for a regulation Article 17 – paragraph 1 1. Every
Amendment 317 #
Proposal for a regulation Article 17 – paragraph 3 – point b a (new) (b a) the number of relevant judicial professionals who have completed training in the use of digital tools for judicial cooperation;
Amendment 318 #
Proposal for a regulation Article 17 – paragraph 3 – point b b (new) (b b) the number of cases where legal and technical assistance was provided to natural or legal persons in their use of the European electronic access point or the national IT portals, where available.
Amendment 319 #
Proposal for a regulation Article 17 – paragraph 3 a (new) 3 a. The Commission may, where appropriate and duly justified, request information from national competent authorities other than the competent authority designated by Member States.
Amendment 320 #
Proposal for a regulation Article 18 – paragraph 1 – point d a (new) (d a) identification of the competent authorities that should be considered as such for the proceedings under the legal acts that are listed in Annexes I and II.
Amendment 321 #
Proposal for a regulation Article 18 – paragraph 2 2. Member States
Amendment 322 #
Proposal for a regulation Chapter VI a (new) VI a Training Member States shall provide the competent authorities, judges, court staff, and legal practitioners with sufficient training in IT solutions. Member States shall encourage the authorities to share best videoconferencing practices in order to reduce costs and increase efficiency.
Amendment 323 #
Proposal for a regulation Article 19 – paragraph 1 – point 1 Regulation (EC) No 1896/2006 Article 19 – paragraph 1 – point 1 5. The application shall be submitted in paper form, by electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]52 , or, where the use of such means is not possible in duly identified exceptional cases, by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin .. _________________ 52 * Regulation (EU) […] of the European
Amendment 324 #
Proposal for a regulation Article 19 – paragraph 1 – point 3 – point a Regulation (EC) No 1896/2006 Article 19 – paragraph 1 – point 3 – point a 4. The statement of opposition shall be submitted in paper form or by electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]54 , or, where the use of such means is not possible in duly identified exceptional cases, by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin.. _________________ 54 * Regulation (EU) […] of the European
Amendment 325 #
Proposal for a regulation Article 20 – paragraph 1 – point 1 Regulation (EC) No 861/2007 Article 20 – paragraph 1 – point 1 1. The claimant shall commence the European Small Claims Procedure by filling in standard claim Form A, as set out in Annex I to this Regulation, and lodging it with the court or tribunal with jurisdiction directly, by post, by electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]56 or, where the use of such means is not possible in duly identified exceptional cases, by any other means of communication, such as fax or e-mail, acceptable to the Member State in which the procedure is commenced. The claim form shall include a description of evidence supporting the claim and be accompanied, where appropriate, by any relevant supporting documents.. _________________ 56 * Regulation (EU) […] of the European
Amendment 326 #
Proposal for a regulation Article 21 – paragraph 1 – point 1 Regulation (EU) No 655/2014 Article 21 – paragraph 1 – point 1 4. The application and supporting documents may be submitted by any means of communication, including electronic, which are accepted under the procedural rules of the Member State in which the application is lodged or by the electronic
Amendment 327 #
Proposal for a regulation Article 21 – paragraph 1 – point 2 Regulation (EU) No 655/2014 Article 21 – paragraph 1 – point 2 5. The decision on the application shall be brought to the notice of the creditor in accordance with the procedure provided for by the law of the Member State of origin for equivalent national orders or by the electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]59 .. _________________ 59 * Regulation (EU) […] of the European
Amendment 328 #
Proposal for a regulation Article 21 – paragraph 1 – point 4 – point a Regulation (EU) No 655/2014 Article 21 – paragraph 1 – point 4 – point a (b) by the electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]62 . _________________ 62 * Regulation (EU) […] of the European
Amendment 329 #
Proposal for a regulation Article 22 – paragraph 1 – point 2 Regulation 848/2015 Article 22 – paragraph 1 – point 2 Any foreign creditor may lodge claims in insolvency proceedings by any means of communication, which are accepted by the law of the State of the opening of proceedings or by the electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]64 . _________________ 64 * Regulation (EU) […] of the European
Amendment 330 #
Proposal for a regulation Article 24 – paragraph 1 – introductory part 1. Member States shall start using the decentralised IT system referred to in Articles 3(1), and 5(1) and (2) from the first day of the month following the period o
Amendment 331 #
Proposal for a regulation Article 24 – paragraph 1 – subparagraph 1 They shall use that decentralised IT system
Amendment 332 #
2. Member States shall start using the decentralised IT system referred to in Articles 3(1), and 5(1) and (2) from the first day of the month following the period of
Amendment 333 #
Proposal for a regulation Article 24 – paragraph 2 – subparagraph 1 They shall use that decentralised IT system
Amendment 334 #
Proposal for a regulation Article 24 – paragraph 3 – introductory part 3. Member States shall start using the decentralised IT system referred to in 3(1), and 5(1) and (2) from the first day of the month following the period of
Amendment 335 #
Proposal for a regulation Article 24 – paragraph 3 – subparagraph 1 They shall use that decentralised IT system
Amendment 336 #
Proposal for a regulation Article 24 – paragraph 4 – introductory part 4. Member States shall start using the decentralised IT system referred to in 3(1), and 5(1) and (2) from the first day of the month following the period of
Amendment 337 #
Proposal for a regulation Article 24 – paragraph 4 – subparagraph 1 They shall use that decentralised IT system
Amendment 338 #
Proposal for a regulation Article 25 – paragraph 2 It shall apply from [the first day of the month following the period of
Amendment 339 #
Proposal for a regulation Article 25 – paragraph 2 It shall apply from [the first day of the month following the period of
Amendment 340 #
Proposal for a regulation Annex II – point 1 Amendment 60 #
Proposal for a regulation 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 ensuring full respect of fundamental rights, such as the right to a fair trial and to an effective legal remedy. Digitalisation of proceedings in civil and criminal matters should be encouraged with the aim of strengthening the rule of law and the fundamental rights guarantees in the Union, particularly by facilitating access to justice. _________________ 29 Communication from the Commission to
Amendment 61 #
Proposal for a regulation Recital 1 (1) In its 2 December 2020
Amendment 62 #
Proposal for a regulation 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 63 #
Proposal for a regulation Recital 1 a (new) (1 a) Mere access to judicial authorities does not automatically constitute effective access to justice. The digital switchover is a key step towards improving not only access to justice, but the efficiency, quality and transparency of justice systems.
Amendment 64 #
Proposal for a regulation 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 65 #
Proposal for a regulation Recital 2 a (new) (2 a) Digitalisation of proceedings in civil and criminal matters should be encouraged with the aim of strengthening the rule of law and the fundamental rights guarantees in the Union, particularly by facilitating access to justice and effective judicial protection.
Amendment 66 #
Proposal for a regulation Recital 3 (3) For the purposes of enhancing judicial cooperation and access to justice, legal acts of the Union providing for communication between competent authorities, including Union agencies and bodies, and between competent authorities and natural and legal persons, should be complemented by conditions for conducting such communication through digital means in a manner that ensures the protection of fundamental rights as provided for in the Charter, especially those enshrined in Title VI and Article 47 on the right to an effective remedy and to a fair trial. These should in no way undermine procedural rights that are essential for the protection of those fundamental rights, including those stemming from Directives 2010/64/EU, 2012/13/EU, 2013/48/EU and (EU) 2016/343 of the European Parliament and of the Council.
Amendment 67 #
Proposal for a regulation Recital 3 (3) For the purposes of enhancing judicial cooperation and access to justice, legal acts of the Union providing for communication between competent authorities, including Union agencies and bodies, and between competent authorities and natural and legal persons, should be complemented by conditions for conducting such communication through digital means. Member States should provide training for the staff of the competent authorities in order to ensure effective use of digital means.
Amendment 68 #
Proposal for a regulation Recital 3 (3) For the purposes of enhancing judicial cooperation and access to justice, legal acts of the Union providing for communication between competent authorities, including Union agencies and bodies, and between competent authorities and natural and legal persons,
Amendment 69 #
Proposal for a regulation Recital 3 (3) For the purposes of enhancing judicial cooperation and access to justice, legal acts of the Union providing for communication between competent authorities, including Union agencies and bodies, and between competent authorities and natural and legal persons, should be complemented by conditions for conducting such communication through digital means and training courses for competent authorities and citizens on how to use the decentralized IT system.
Amendment 70 #
Proposal for a regulation Recital 3 a (new) (3a) The European Commission and Member States shall ensure that justice professionals are involved in the definition of the digital processes concerning them.
Amendment 71 #
Proposal for a regulation Recital 4 (4) This Regulation seeks to improve the
Amendment 72 #
Proposal for a regulation Recital 4 (4) This Regulation seeks to improve the effectiveness and speed of judicial procedures and facilitate access to justice by digitalising the existing communication channels, which should lead to cost and time savings, reduction of the administrative burden, and improved resilience in force majeure circumstances for all authorities involved in cross-border judicial cooperation. The use of digital channels of communication between competent authorities should lead to reduced delays in processing of the cases, which should benefit individuals and legal entities. This is also particularly important in the area of cross-border criminal proceedings in the context of the Union’s fight against crime. In this regard, the high level of security that digital channels of communication can provide constitutes a step forward, also with respect to safeguarding the rights of the persons concerned and protection of their privacy and personal data, strengthening confidence in justice systems and increasing the possibility of achieving a higher degree of compliance with the rule of law.
Amendment 73 #
Proposal for a regulation Recital 4 (4) This Regulation seeks to improve the efficiency and effectiveness
Amendment 74 #
Proposal for a regulation Recital 4 (4) This Regulation seeks to improve
Amendment 75 #
Proposal for a regulation Recital 5 (5) It is important that appropriate channels and tools are developed in consultation with members of the legal professions who will use them to ensure that justice systems can efficiently cooperate digitally. Therefore, it is essential to establish, at Union level, a
Amendment 76 #
Proposal for a regulation Recital 5 (5) It is important that appropriate channels are developed to ensure that justice systems can efficiently cooperate digitally, while respecting procedural and fundamental rights of the affected person and the principle of the independence of the judiciary. Therefore, it is essential to establish, at Union level, an information technology instrument that allows swift, direct, interoperable, reliable and secure
Amendment 77 #
Proposal for a regulation 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, while respecting the fundamental rights guaranteed by the Charter, especially the protection of privacy and personal data.
Amendment 78 #
Proposal for a regulation Recital 5 (
Amendment 79 #
Proposal for a regulation 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
Amendment 80 #
Proposal for a regulation Recital 5 (5) It is important
Amendment 81 #
Proposal for a regulation Recital 5 a (new) (5a) The European Commission and Member States shall ensure that justice professionals are involved in the definition of the digital processes concerning them.
Amendment 82 #
Proposal for a regulation Recital 6 (6) There are tools which have been developed for the digital exchange of case related data, without replacing or requiring costly modifications to the existing IT systems already established in the Member States. The e-Justice Communication via On-line Data Exchange (e-CODEX) system is the main tool of this type developed to date to ensure sustainability of cross-border electronic exchange of case related data among competent authorities, while preserving procedural and fundamental rights and the independence of the judiciary.
Amendment 83 #
Proposal for a regulation Recital 6 a (new) (6 a) Digitalisation of proceedings in civil and criminal matters in the Union should be encouraged with the aim of strengthening the rule of law and fundamental rights, namely by facilitating access to justice by all, in particular vulnerable groups such as the elderly, migrants or people with disabilities.
Amendment 84 #
Proposal for a regulation Recital 6 b (new) (6 b) In the context of this Regulation, accessibility, in particular for people with disabilities, should be understood as principles and techniques to be observed when designing, constructing, maintaining, and updating websites, software, electronic communications, videoconferencing and other distance communication technology in order to make them more accessible to users.
Amendment 85 #
Proposal for a regulation Recital 7 a (new) Amendment 86 #
Proposal for a regulation Recital 7 a (new) (7 a) The establishment of digital channels for cross-border communication in cases falling under the scope of the legal acts listed in Annexes I and II should pay particular attention to respect for fundamental rights, including procedural rights.
Amendment 87 #
Proposal for a regulation Recital 7 b (new) (7 b) Member States should ensure that all justice professionals receive legal training, including prosecutors, judges, lawyers and administrative staff. Such training should aim at improving the functioning of justice systems across the EU, as well as the upholding of fundamental rights and values, notably by enabling justice professionals to efficiently address any challenges that may arise during proceedings due to their virtual nature, such as hearings held via videoconferencing or other distance communication technology.
Amendment 88 #
Proposal for a regulation 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 a
Amendment 89 #
Proposal for a regulation Recital 10 (10) In order to ensure secure, swift, interoperable, confidential and reliable communication between Member States for the purposes of cross-border judicial procedures in civil, commercial and criminal matters,
Amendment 90 #
Proposal for a regulation Recital 10 (10) In order to ensure secure, swift, interoperable, auditable, confidential and reliable communication between Member States for the purposes of cross-border judicial procedures in civil, commercial and
Amendment 91 #
Proposal for a regulation Recital 11 (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 interconnected. The access points of the decentralised IT system should be based on e-CODEX, and should be in compliance with accessibility requirements set out in Article 42(1) of the Directive 2014/24/EU and Article 60(1) of Directive 2014/25/EU.
Amendment 92 #
(11) The decentralised IT system should be comprised of the back-end systems of Member States and the Union agencies and bodies
Amendment 93 #
Proposal for a regulation Recital 11 (11) The decentralised IT system should be comprised of
Amendment 94 #
Proposal for a regulation Recital 12 (12) For the purposes of this Regulation, Member States should be able to use instead of a national IT system, a Commission-developed software
Amendment 95 #
Proposal for a regulation Recital 12 (12) For the purposes of this Regulation, Member States should be able to use instead of a national IT system, a Commission-developed software (reference implementation software). The Commission should be responsible for the creation, maintenance and development of this reference implementation software in accordance with the principles of data protection by design and by default. The Commission should design, develop and maintain the reference implementation software in compliance with the data protection requirements and principles laid down in Regulation (EU) 2018/1725 of the European Parliament and of the Council34
Amendment 96 #
Proposal for a regulation Recital 12 (12) For the purposes of this Regulation, Member States should be able to use
Amendment 97 #
Proposal for a regulation Recital 12 (12) For the purposes of this Regulation, Member States should be able to use instead of a national IT system, a Commission-developed software (reference implementation software). The Commission should be responsible for the creation, maintenance and development of this reference implementation software in accordance with the principles of data
Amendment 98 #
Proposal for a regulation Recital 13 (13) In order to provide swift, secure and efficient assistance to applicants, written communication between competent authorities, such as courts and Central Authorities established under Council Regulation (EC) 4/200936 and Council Regulation (EU) 2019/111137 , should, as a rule, be carried out through the decentralised IT system.
Amendment 99 #
Proposal for a regulation Recital 13 (13) In order to provide swift, secure and efficient assistance to applicants, written communication between competent authorities, such as courts and Central Authorities established under Council Regulation (EC) 4/200936 and Council Regulation (EU) 2019/111137 , should, as a rule, be carried out through the decentralised IT system. In exceptional cases, other means of communication may be used if those are found to be more appropriate or efficient for the purposes of ensuring flexibility. However, the decentralised IT system should always be considered the most appropriate means for exchanging forms between competent authorities established by the legal acts listed in Annex I and Annex II to this Regulation. _________________ 36 Council Regulation (EC) No 4/2009 of
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Judicial cooperation
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| procedure/subject/7.40.02 |
Judicial cooperation in civil and commercial matters
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| procedure/subject/7.40.04 |
Judicial cooperation in criminal matters
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2022-03-16Show (1) Changes | Timetravel
| events/1 |
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2022-03-09Show (6) Changes | Timetravel
| committees/0 |
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| committees/0 |
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| committees/1 |
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| procedure/dossier_of_the_committee/0 |
CJ03/9/08557
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| procedure/dossier_of_the_committee/0 |
JURI/9/07869
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| procedure/legal_basis/0 |
Rules of Procedure EP 58
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2022-03-04Show (1) Changes | Timetravel
| committees/0/shadows |
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2022-03-03Show (1) Changes | Timetravel
| committees/0/rapporteur |
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2022-02-02Show (1) Changes | Timetravel
| procedure/title |
Old
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 cooperationNew
Digitalisation of cross-border judicial cooperation |
2022-01-22Show (4) Changes | Timetravel
| commission |
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| events |
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| procedure/dossier_of_the_committee |
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| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2022-01-13Show (1) Changes | Timetravel
| docs/3/docs/0 |
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2021-12-22Show (1) Changes | Timetravel
| docs/0/summary |
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2021-12-14Show (1) Changes
| docs/3 |
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