Digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters
SUMMARY OF:
WHAT IS THE AIM OF THE REGULATION?
Regulation (EU) 2023/2844 aims to improve the efficiency and effectiveness of judicial cooperation procedures in civil, commercial and criminal matters and to facilitate access to justice by digitalising the existing communication channels.
KEY POINTS
The regulation sets out:
- a common legal basis for the use of electronic communication between:
- competent authorities of Member States in judicial cooperation procedures in civil, commercial and criminal matters,
- individuals or companies and competent authorities in judicial cooperation procedures in civil and commercial matters;
- rules on the use of videoconferencing or other distance communication technology, the application of electronic signatures and seals, the legal effects of electronic documents and the electronic payment of fees.
The regulation also applies to Ireland.
The regulation is accompanied by Directive (EU) 2023/2843, which aligns existing rules on communication with those of the regulation.
Main elements of the regulation
The regulation contains a number of key elements.
- A decentralised IT system. The system will be used on a mandatory basis for communication between the competent authorities of the Member States in the context of the judicial cooperation procedures in civil, commercial and criminal matters.
- The decentralised IT system is a network of IT systems and interoperable access points, operating under the individual responsibility and management of each Member State, EU body or agency, that enables the secure and reliable cross-border exchange of information. Communication through the system is direct – from authority to authority.
- There are limited, well-defined exceptions where the decentralised IT system will not be used, for example in the case of a disruption of the system.
- A European electronic access point (EEAP). Individuals, companies and their representatives can communicate with authorities – for example, to file claims or send and receive relevant information – in certain well defined cross-border proceedings in the EU via the EEAP, which is to be set up on the European e-Justice Portal.
- The use of the EEAP is optional for individuals, companies and their representatives.
- The EEAP will contain information for individuals and companies on their right to legal aid, including in cross-border proceedings.
- Communication through the EEAP will comply with the requirements of EU law and of the national law of the relevant Member State, in particular with regard to form, language and representation.
- Videoconferencing and distance communication technology. Parties and other individuals concerned will be able to take part in hearings in civil, commercial and criminal matters by videoconferencing or other remote communication technology.
- Parties can submit an opinion on whether the use of such technology is appropriate to the case in question.
- The competent authority retains discretion as to the use of videoconferencing or other distance communication technology.
- The technology must comply with rules on secure access, confidentiality and data protection – see Regulation (EU) 2016/679 (the general data protection regulation, see summary) and Directive (EU) 2016/680 on protecting data used by police and criminal justice authorities (see summary).
- In criminal matters the use of videoconferencing is subject to the consent of the suspect, the accused or convicted person, or the affected person.
- Conducting the hearing through videoconferencing or other distance communication technology is regulated by the national law of the court.
- Electronic signatures and electronic seals. Electronic communication under the regulation is based on Regulation (EU) 910/2014, the common EU legal base for electronic signatures and seals, and trust services (see summary).
- Documents transmitted electronically between the competent authorities that require a seal or signature will contain a qualified electronic seal or signature.
- Individuals or companies may use either an electronic identification with a high assurance level or a qualified electronic signature.
- Legal effect of electronic documents. Electronic documents should not be denied legal effect solely because of their electronic form.
- Electronic payment of fees. Member States must provide the option for electronic payment of fees even from a Member State other than where the competent authority is based.
- Training. Member States must offer and encourage training to judges, prosecutors and other justice professionals to ensure the efficient use of the decentralised IT system and the appropriate use of videoconferencing and other distance communication technology.
- Monitoring and evaluation. Member States must provide data in order to evaluate the the regulation’s implementation and impact. The European Commission will evaluate the regulation initially after four years, and every five years thereafter.
FROM WHEN DOES THE REGULATION APPLY?
The regulation applies from . However, Articles 3 and 4 on electronic communication will apply from the first day of the month following a period of two years from the date of entry into force of the corresponding implementing acts.
BACKGROUND
For further information, see:
- Digitalisation of cross-border judicial cooperation (European Commission).
MAIN DOCUMENT
Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 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 (OJ L, 2023/2844, ).
