Communication on Digitalisation of justice in the EU
The COVID-19 crisis has considerably impacted the functioning of Member States’ justice systems and adversely affected EU cross-border judicial cooperation. In 2020, the Commission undertook several initiatives to step up digitalisation of justice to swiftly respond to emerging challenges.
As a first step, the Commission carried-out a fact-finding (mapping) exercise, which took stock of the state of play of digitalisation of justice at both national and EU level. The mapping exercise is based on a comprehensive review of existing sources on the level of digitalisation of justice in Europe, as well as on additional surveys, which were conducted specifically for the purposes of this exercise.
The Communication on Digitalisation of justice in the European Union proposes a toolbox of measures targeted at fostering digitalisation of justice with the aim to improve access to justice and the efficiency of justice systems. The approach set out in the Communication is to achieve better use of digital technologies, in full respect to fundamental rights and the principles of proportionality and subsidiarity. Access to justice needs to keep pace with societal developments, including the ever-present process of digital transformation. Significant work is yet to be done, especially to fully grasp the benefits of digital technologies in judicial proceedings, including aspects related to cross-border judicial cooperation.
For whom?
- Citizens need access to information to be able to exercise their rights and enjoy full access to justice.
- Businesses also need tools to access information and enforce their rights relying on effective justice systems in order to conduct their operations. This allows for smoother operation and cost reductions for all businesses, including in particular SMEs.
- Legal practitioners need to be able to support their clients in the best possible way, in particular to communicate with courts and submit documents in a safe and efficient manner. It is also important that national authorities have appropriate tools to communicate securely across borders, and to be able to exchange evidence and documents safely and efficiently.
- The Justice and Home Affairs EU agencies and bodies need efficient means to support national authorities and to cooperate among themselves in the best possible way.
What tools does the Communication propose?
- Funding in the context of the 2021-2027 Multiannual Financial Framework and the Next Generation EU measures for driving forward the digital transformation process.
- Discussion on the use of artificial intelligence (AI) based applications for the benefits of justice systems, taking into account the associated risks.
- Making the digital channel the default option in EU judicial cooperation.
- Better tools for access to information for citizens and practitioners through the establishment and interconnection of registers.
- Use of available IT tools for secure cross-border cooperation in civil, commercial and criminal matters.
- Upgrade and modernisation of digital tools for judicial cooperation and information exchange in criminal cases across the EU, especially those at the disposal of the Justice and Home Affairs EU agencies and bodies.
- Establishing a “My e-Justice space”, which would provide citizens and businesses with an “entry-point” linking available national electronic services.
- Regular monitoring of the progress achieved.
Communication on Digitalisation of justice in the EU
Mapping on the state of play of digitalisation of justice
e-CODEX
Digitalisation of justice aims to facilitate access to justice, improve their overall efficiency, and ensure the resilience of justice systems in times of crises, such as the COVID-19 pandemic. In this context, e-CODEX (e-Justice Communication via Online Data Exchange) is a key technological enabler for modernising, through digitalisation, the communication in the context of cross-border judicial proceedings.
e-CODEX consists of a package of software components that enables the connectivity between national systems. Thus, allows its users (competent judicial authorities, legal practitioners and citizens) to electronically send and receive documents, legal forms, evidence or other information in a swift and secure manner. In this way, e-CODEX allows the establishment of interoperable and secure decentralised communication networks between national IT systems supporting cross-border civil and criminal proceedings. For instance, e CODEX is already underpinning the e-Evidence Digital Exchange System, supports the exchanges in relation to European Investigation Orders and Mutual Legal Assistance in the area of judicial cooperation in criminal matters.
e-CODEX has been developed and maintained with EU financing by a consortium of Member States. The Commission adopted on 2 December 2020 a “Proposal for a Regulation on a computerised system for communication in cross-border civil and criminal proceedings (e-CODEX system)”, the e-CODEX Regulation. The Proposal aims to entrust the further development and maintenance of e-CODEX to the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) as of 2023.