Regulation (EU) 2023/2844 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters

What it is

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 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: 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. 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. 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. - 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. Member States should guarantee that the parties and…

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