Council adopts a new Regulation and Directive to help digitize judicial systems

The Council paved the way for advancing the digitalisation of EU member states’ justice systems and for making them more accessible and effective. The adoption of a Regulation on the digitalisation of cross-border judicial cooperation and access to justice and of an accompanying Directive will facilitate electronic communication in the context of cross-border judicial cooperation procedures in civil, commercial and criminal matters.

This adoption comes just days after EU ministers of justice approved an e-Justice Strategy for the years 2024 to 2028. The strategy will give guidance to member states in implementing a broad range of legislative and non-legislative initiatives which, together, aim at speeding up the digitalisation process and the use of digital services in the justice area.

A more digitalised judicial system will be more effective and accessible for citizens. Today’s decision will make it easier for citizens and authorities to communicate with each other and exchange information when legal procedures take place in more than one EU country – Félix Bolaños, Spanish minister of justice

Electronic communication in cross-border judicial cooperation

Thanks to the two EU legislative acts adopted, citizens and their legal representatives will be able to communicate with authorities – for instance to file claims, send and receive relevant information – in cross-border procedures in the EU through a European electronic access point. Authorities will also be able to communicate with each other and exchange case-related data through secure, reliable digital channels.

The new rules will allow

• the participation by parties and other relevant persons in oral hearings in civil, commercial and criminal proceedings by means of videoconferencing or other distance communication technologies
• electronic communication between natural or legal persons or their representatives and competent authorities
• the recognition of documents with electronic signatures or seals
• the payment of fees through electronic means

e-Justice strategy

In addition to the regulation and the directive that the Council adopted, the EU has adopted, in the past few years, several legislative initiatives in the field of digitalisaton of justice, such as the regulation 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), that provided an appropriate framework for exchanging judicial information through secure services; the Service of Documents and Taking of Evidence Regulations establishing the use of the decentralised IT system with interoperable access points based on e-CODEX for relevant communications; or the e-evidence regulation which will make it easier and faster for law enforcement and judicial authorities to obtain electronic evidence from another member state.

All these initiatives will require substantial technical and administrative follow-up actions at national level. To support member states with this task, the Council recently approved an e-Justice Strategy 2024-2028. The strategy not only describes the principles and objectives for the development of e-justice for the next 5 years. It also sets out actions that member states and the EU should undertake to achieve these objectives.

Next steps

The regulation will enter into force on the 20th day following its publication in the Official Journal of the EU and will apply 15 months after this entry into force. The directive requires the transposition into national law.

Source: Press release – European Council