General information
Today, most data exchanges in cross-border judicial cooperation still take place on paper. This is slower and less efficient than using electronic means. As the COVID-19 pandemic has underlined, traditional communication channels are also particularly vulnerable to crises. This new initiative aims to increase the efficiency and resilience of EU cross-border judicial cooperation through enhanced digitalisation in civil (including family), commercial and criminal matters, as well as to improve access to justice for citizens and businesses.
On 1 December 2021, the Commission adopted two proposals - proposal for a Regulation laying down rules on digital communication in judicial cooperation procedures in civil, commercial and criminal matters and a proposal for a Directive aligning the existing rules on communication with the rules of the proposed Regulation.
With the new proposed legislation, the use of the digital channel for all Union cross-border judicial cooperation communication and data exchanges between the competent national authorities becomes mandatory, subject to certain justified exceptions. Citizens and businesses will have the choice to communicate with courts and other judicial authorities of the Member States electronically. For that purpose, they would be able to use national IT portals, where such exist, or alternatively a European Access point hosted on the European e-Justice Portal. To make use of this possibility, citizens and businesses will need to possess either qualified or advanced electronic signature and/or seal. Such electronic signatures and seals will be recognised throughout the Union. It will also be possible to pay judicial fees electronically. The proposed legislation ensures that electronic documents are valid and cannot be refused by the competent authorities only because of their electronic form.
Moreover, the Commission’s proposal enables oral hearings to be held remotely through videoconferencing, in both civil and criminal cases, subject to certain conditions being met.
This initiative is a follow-up to the Communication on digitalisation of justice in the European Union adopted by the Commission on 2 December 2020 and it is part of the CWP 2021.
How will the initiative achieve these objectives?
The general objectives of the initiative would be achieved by:
- Making the digital channel the default, mandatory one for all judicial cooperation communication and data exchanges between competent national authorities (subject to justified exceptions) in civil, commercial and criminal matters with cross-border implications;
- Ensuring that the EU Member States accept electronic communication in cross-border civil procedures coming from citizens and businesses, without excluding the possibility for them to communicate on paper; For that purpose an access point for launching these procedures and making submission will be developed and hosted on the European e-Justice Portal;
- Providing a legal basis for conducting oral hearings through videoconference or other distance communication technology in cross-border procedures in civil, commercial and criminal matters;
- Ensuring that the documents are not refused or denied legal effect because of their electronic form;
- Ensuring that electronic identities/signatures/seals can be used in the context of digital exchange of judicial documents, in line with the eIDAS Regulation (Regulation (EU) 910/2014);
- Ensuring the possibility for electronic payment of fees, in the context of cross-border civil and commercial cases;
- Defining the responsibilities of the respective personal data controllers and processors, and describing high-level requirements for ensuring appropriate technical and organisational measures to guarantee secure data processing;
- Ensuring that the different Member States’ IT systems are interoperable and can communicate with each other, including with the relevant Union agencies and bodies, where envisaged by EU law.
More information
The Roadmap for the initiative was published on 8 January 2021, and was opened for feedback until 5 February 2021.
A Public consultation, through which the European Commission sought the views and opinions of stakeholders and all persons who could be impacted by the future initiative, was open for feedback between 16 February 2021 and 11 May 2021.
Q&A – Digitalisation of cross-border judicial cooperation and access to justice.