On Wednesday 28 June, negotiators from the Council of the European Union and the European Parliament reached a provisional agreement on the last two texts of the ‘modernisation of justice’ package: - the regulation on the digitalisation of judicial cooperation; - the directive amending earlier texts on the digitalisation of the judicial system.
Presented at the end of 2021 (see EUROPE 12844/12), these texts will apply to cross-border civil, commercial and criminal proceedings within the EU. They complement, rather than replace, existing rules on the digital delivery of documents, digital hearings and the use of information technology for cross-border judicial cooperation.
The agreement reached aims to enable citizens, their representatives and businesses to communicate more easily with the judicial authorities of different Member States in cross-border proceedings using secure digital tools. A European access point will centralise electronic requests and responses.
The competent authorities will be able to exchange information with each other via digital channels. Electronic communications and documents issued by natural and legal persons will be accepted, as well as documents with recognised electronic signatures and stamps. Electronic payment of fees will also be encouraged.
The texts adopted allow the parties and other persons involved to participate in hearings by videoconference or other remote communication technology.
This last provision had been a flashpoint for disagreements during the previous inter-institutional negotiations (see EUROPE 13189/2), so much so that the rapporteur Emil Radev (EPP, Bulgarian) did not imagine a compromise would be possible before the end of the Swedish Presidency of the Council of the EU (see EUROPE 13191/17).
His concerns were understandable - the European Parliament had insisted on accessibility, asking that the regulation allow any person directly involved in proceedings who is in another Member State to be able to use videoconferencing. “Parliament insisted on faster, cheaper and more accessible judicial procedures, while preserving fairness in trials”, said the MEP via Twitter at the end of the discussions held on 28 June.
For his part, Sweden’s Minister of Justice, Gunnar Strömmer, said in a press release that “the agreement reached today will improve access to justice for citizens and businesses and support the fight against crime”.
The political agreement will have to be formally approved by the Council and the European Parliament. (Original version in French by Nithya Paquiry)