While the Council of the EU adopted its position in early June (see EUROPE 12735/3), it is now the European Parliament considering the regulation that aims to transfer the management of the e-CODEX IT system to the EU Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA) starting July 2023 (see EUROPE 12614/12).
Currently, the e-CODEX system (‘e-Justice Communication via Online Data Exchange’) is in fact run by a consortium of Member States and other organisations and is funded by an EU grant. The regulation aims to ensure a sustainable legal framework for the system by entrusting its management to eu-LISA.
The dossier is being dealt with jointly by the European Parliament’s Committee on Civil Liberties (LIBE) and the Committee on Legal Affairs (JURI). MEPs Emil Radev (EPP, Bulgaria) and Nuno Melo (EPP, Portugal) have been appointed as rapporteurs and recently published their draft report.
Overall, the two rapporteurs consider that the proposal presented by the Commission goes in “the right direction”, but that it can be considerably improved in order to “find a delicate and vital balance between interoperability and judicial independence, efficiency and data protection, speed and fundamental rights, technology and the Rule of law”.
They are of the opinion that the e-CODEX system should be considered “a preferred solution” for the establishment of interoperable and secure decentralised communication networks between national IT systems in the context of cross-border judicial cooperation in civil and criminal matters.
They thus propose to delete Annex I containing a list of instruments providing for judicial procedures subject to e-CODEX and instead define its scope by reference to judicial cooperation in civil and criminal matters.
They also introduce provisions for the future extension of the use of e-CODEX by delegated acts.
In the financial statement annexed to the legislative proposal, the Commission refers to the extension of the e-CODEX system to other procedures by means of implementing acts. But for the two rapporteurs, this is “neither desirable nor legally appropriate”. As the European Parliament cannot amend the financial statement, they inserted provisions in the text empowering the Commission to adopt delegated acts in order to preserve parliamentary control.
The rapporteurs also want to ensure that the independence of the judiciary is not affected by the e-CODEX system. To this end, they propose a new article specifying that, in exercising their responsibilities under this Regulation, all entities must respect the principle of the separation of powers and ensure that their decisions and actions respect the principle of the independence of the judiciary.
Further amendments are also foreseen to define precisely the roles of the Commission, the Member States and eu-LISA.
See the draft report: https://bit.ly/3dfO1ei (Original version in French by Marion Fontana)