BETA


Events

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
2021/12/02
   EC - Document attached to the procedure
2021/12/02
   EC - Document attached to the procedure
2021/12/01
   EC - Legislative proposal
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

  • 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: COM(2021)0759
  • Legislative proposal: EUR-Lex
  • Legislative proposal: COM(2021)0759 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

Activities

History

(these mark the time of scraping, not the official date of the change)

docs/0
date
2021-12-01T00:00:00
docs
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type
Legislative proposal
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EC
events/0
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2021-12-01T00:00:00
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2021-12-01T00:00:00
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2021-12-01T00:00:00
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EC
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2021-12-01T00:00:00
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Legislative proposal published
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EC
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2021-12-01T00:00:00
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Legislative proposal
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EC
events/0
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2021-12-01T00:00:00
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Legislative proposal published
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2021-12-01T00:00:00
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Legislative proposal
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EC
events/0
date
2021-12-01T00:00:00
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Legislative proposal published
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EC
docs
summary
docs/0
date
2021-12-01T00:00:00
docs
summary
type
Legislative proposal
body
EC
events/0
date
2021-12-01T00:00:00
type
Legislative proposal published
body
EC
docs
summary
committees/0
type
Joint Responsible Committee
body
EP
committee_full
committee
associated
False
rapporteur
shadows
committees/0
type
Joint Responsible Committee
body
EP
committee_full
committee
associated
False
rapporteur
shadows
procedure/Legislative priorities
  • title: Joint Declaration 2022 url: https://oeil.secure.europarl.europa.eu/oeil/popups/thematicnote.do?id=41360&l=en
procedure/subject/1.20.02
Social and economic rights
procedure/subject/3.30.06
Information and communication technologies, digital technologies
procedure/subject/4.60.06
Consumers' economic and legal interests
procedure/subject/7.40
Judicial cooperation
procedure/subject/7.40.02
Judicial cooperation in civil and commercial matters
procedure/subject/7.40.04
Judicial cooperation in criminal matters
committees/0
type
Joint Responsible Committee
body
EP
committee_full
committee
associated
False
rapporteur
shadows
committees/0
type
Joint Responsible Committee
body
EP
committee_full
committee
associated
False
docs/0
date
2021-12-01T00:00:00
docs
summary
type
Legislative proposal
body
EC
events/0
date
2021-12-01T00:00:00
type
Legislative proposal published
body
EC
docs
summary
procedure/subject/1.20.02
Social and economic rights
procedure/subject/3.30.06
Information and communication technologies, digital technologies
procedure/subject/4.60.06
Consumers' economic and legal interests
procedure/subject/7.40
Judicial cooperation
procedure/subject/7.40.02
Judicial cooperation in civil and commercial matters
procedure/subject/7.40.04
Judicial cooperation in criminal matters
events/1
date
2022-03-10T00:00:00
type
Referral to joint committee announced in Parliament
body
EP
committees/0
type
Joint Responsible Committee
body
EP
committee_full
committee
associated
False
committees/0
type
Responsible Committee
body
EP
committee_full
Legal Affairs
committee
JURI
associated
False
rapporteur
name: RADEV Emil date: 2022-02-28T00:00:00 group: Group of European People's Party abbr: EPP
shadows
name: LEITÃO-MARQUES Maria-Manuel group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
committees/1
type
Committee Opinion
body
EP
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
associated
False
procedure/dossier_of_the_committee/0
CJ03/9/08557
procedure/dossier_of_the_committee/0
JURI/9/07869
procedure/legal_basis/0
Rules of Procedure EP 58
committees/0/shadows
  • name: LEITÃO-MARQUES Maria-Manuel group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
committees/0/rapporteur
  • name: RADEV Emil date: 2022-02-28T00:00:00 group: Group of European People's Party abbr: EPP
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 cooperation
New
Digitalisation of cross-border judicial cooperation
commission
  • body: EC dg: Justice and Consumers commissioner: REYNDERS Didier
events
  • date: 2022-01-17T00:00:00 type: Committee referral announced in Parliament, 1st reading body: EP
procedure/dossier_of_the_committee
  • JURI/9/07869
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
docs/3/docs/0
url
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=SECfinal&an_doc=2021&nu_doc=0580
title
EUR-Lex
docs/0/summary
  • 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.
docs/3
date
2021-12-13T00:00:00
docs
title: SEC(2021)0580
type
Document attached to the procedure
body
EC