Regulation (EU) 2022/850 on a computerised system for the cross-border electronic exchange of data in the area of judicial cooperation in civil and criminal matters (e-CODEX system)

What it is

to establish the e-CODEX system allowing swift, direct, interoperable, reliable and secure electronic cross-border data exchange to ensure that judicial systems can cooperate effectively using digital tools. 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: the e-CODEX system (Justice Communication via On-line Data Exchange) is a tool specifically designed to facilitate the cross-border electronic exchange of messages in the field of justice. It currently facilitates electronic communication between citizens and courts as well as between Member States' administrations in certain cross-border civil and criminal proceedings. The Committee on Legal Affairs and the Committee on Civil Liberties, Justice and Home Affairs jointly adopted a report by Emil RADEV (EPP, BG) and Nuno MELO (EPP, PT) on the proposal for a regulation of the European Parliament and of the Council on a computerised system for communication in cross-border civil and criminal proceedings (e-CODEX system) and amending Regulation (EU) 2018/1726. 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: The report proposed extending the scope of this Regulation to apply to the electronic transmission of information in the context of cross-border judicial cooperation in civil and criminal matters by means of the e-CODEX system in accordance with the legal acts adopted in the area of judicial cooperation in civil and criminal matters within the competence of the Union. - e-Codex correspondents to mean an entity designated by a Member State or the Commission as competent to request and receive technical support from eu-LISA in relation to the e-CODEX system; - digital procedural standards to mean all relevant technical specifications on business process models and the data schemas based on the Union e-Justice Core Vocabulary defining the electronic structure of the data exchanged in the context of the e-CODEX system. The report called for eu-LISA to be responsible for the operational management of the Domibus Connector software and for maintaining a high level of security standards throughout the process while carrying out its tasks. eu-LISA and the Commission should conclude a memorandum of understanding to ensure coherence between the exercise of their respective responsibilities in relation to the components of the e-CODEX system. Members want to make sure that the use of e-CODEX complies at all times with EU data protection rules and that the fundamental rights and freedoms of all persons implicated in the exchange of information are respected, such as the right to an effective remedy and to a fair trial. Documents that are transmitted through the e-CODEX system should not be denied legal effect or considered inadmissible as evidence in legal proceedings on the ground that they are in electronic form. The report proposed that Member States should maintain a…

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