EESC Corner: Digitalisation of cross-border judicial cooperation

The proposed regulation establishes the legal framework for electronic communication in the context of procedures for cross-border judicial cooperation in civil, commercial and criminal matters, and access to justice in civil and commercial matters with cross-border implications, as provided for under existing law.

It is based on a decentralised IT system consisting of interoperable IT systems and access points operating under the responsibility and management of each Member State and of EU agencies and bodies, through which cross-border exchanges between the respective authorities of the Member States take place.

Member State courts and competent authorities will therefore be obliged to accept electronic communications in judicial proceedings, which are considered equivalent to paper communications. However, natural persons are free to opt for electronic or paper-based means of communication, which cannot be rejected by the competent authorities.

The regulation also lays down conditions for the use of videoconferencing or other distance communication technology in cross-border civil and commercial proceedings. Furthermore, it lays down rules on the hearings of a suspect, accused or convicted person and of minors by videoconference or other distance communication technology.

The EESC supports the Commission’s approach and the objectives pursued through this proposal for a regulation. However, believes that adequate safeguards in the following areas need to be provided:

– security and confidentiality, given the sensitive nature of the issues covered in the various hearings,

– the system envisaged must ensure compliance with the open justice principle in terms of participation, observation and accessibility,

– accessibility for all in terms of support measures and technologies.

It is essential to ensure the security of the technological systems used and the confidentiality of the data involved – especially personal data – given the sensitive nature of certain types of court hearings.

The proposed measures seem likely to improve the efficiency of the judicial system by reducing and simplifying administrative burdens, reducing the time and cost of dealing with cases, and must result in a better and more equal access to justice. The EESC believes, that the proposed measures benefit cross-border trade and the competitiveness of the European economic and social system.

Marie ZVOLSKÁ, European affairs adviser of the Confederation of Employers and Entrepreneurs Associations of the Czech Republic (KZPS)