Annexes to COM(2021)759 - Digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2021)759 - Digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters. |
|---|---|
| document | COM(2021)759  |
| date | December 13, 2023 |
1.4.2.Specific objective(s)
Specific objective No 1
The initiative aims to improve the efficiency of EU cross-border judicial cooperation in civil, commercial and criminal matters, by mandating the use of a digital channel of communication between competent authorities.
Specific objective No 2
In the context of EU cross-border interactions, the initiative aims to tackle current barriers and contribute towards facilitating access to justice. This will be achieved by obliging Member States to accept and recognise electronic submissions from citizens and businesses, introducing possibilities for electronic payment of fees, and allowing for the participation of the parties to proceedings through distance communication technology (videoconferencing).
1.4.3.Expected result(s) and impact
Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.
The expected results and impact of this initiative on the target groups are:
- Improved efficiency and resilience of the national competent authorities taking part in cross-border judicial cooperation procedures;
- Time and cost savings for citizens, companies, legal practitioners, courts and other competent authorities;
- Reduced administrative burden for courts and other competent authorities in processing cross-border cases;
- Potential for a tangible increase in the use of the existing EU cross-border instruments, in particular in civil matters, stemming from facilitated means of communication for citizens, legal representatives and businesses with the national competent authorities and vice versa;
- Positive social impact from an access of justice perspective, given the possibility to submit claims, applications and other documents electronically, as well as to conduct remote hearings;
- Positive economic impact from the perspective of efficiencies gained in reduced administrative burden, postal and logistics costs;
- Positive environmental impact, mainly stemming from the reduced use of paper, printing consumables, need to travel and reduced reliance on traditional logistical means of transportation of documents.
1.4.4.Indicators of performance
Specify the indicators for monitoring progress and achievements.
Indicator No 1 (Specific Objective No 1)
Number of electronic exchanges taking place through the decentralised IT system established by the Regulation. This indicator will be:
- Established with a scope of one or more judicial cooperation procedures established by EU law (e.g. the European Arrest Warrant);
- Measured against a baseline of the number of exchanges taking place over traditional (existing) means of communication. Thе comparison will be strictly done in the control group of competent authorities proposed by the Member States;
- Monitored on annual basis, starting not earlier than 1 year from the start of digital exchanges in the context of the monitored procedure(s), and for a duration of no less than 5 years.
Indicator No 2 (Specific Objective No 2)
Number of electronic claims, applications and submissions sent and received through the decentralised IT system established by the Regulation. This indicator will be:
- Established with a scope of one or more judicial cooperation procedures established by EU law where individuals and businesses have the possibility to make a claim to a competent national authority (e.g. the European Small Claims procedure);
- Measured against a baseline of the number of claims exchanged over traditional (existing) means of communication. This comparison will be strictly done in the control group of competent authorities proposed by the Member States;
- Monitored on annual basis, starting not earlier than 1 year from the moment the obligation to accept electronic submissions enters into force, in the context of the monitored procedure(s), and for a duration of no less than 5 years.
1.5.Grounds for the proposal/initiative
1.5.1.Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative
The implementation of this initiative will follow a phased approach. Upon entry into force of this Regulation, work will commence towards the adoption of an implementing act defining the technical conditions for the digitalisation of a first, prioritised “batch” of the judicial cooperation instruments within the scope of the Regulation, followed by technical implementation. At the same time, work on the implementing act for the next batch of prioritised instruments will be elaborated in parallel. It is foreseen that a “batch” would address the digitalisation of 6-10 legal instruments, with the objective to complete the full digitalisation of all in-scope civil, commercial and criminal law legal instruments by 2029:
A provisional implementation timeline can be illustrated as follows:
- 2022: Adoption of the Regulation
- 2023: Adoption of an implementing act defining digitalisation aspects related to the instruments included in Batch 1
- 2024-2025: Technical implementation of the decentralised IT system with regard to the Batch 1 instruments
- 2025: Adoption of an implementing act defining digitalisation aspects related to the instruments included in Batch 2
- 2026-2027: Technical implementation of the decentralised IT system with regard to the Batch 2 instruments
- 2027: Adoption of an implementing act defining digitalisation aspects related to the instruments included in Batch 3
- 2027-2028: Technical implementation of the decentralised IT system with regard to the Batch 3 instruments
- 2028: Adoption of an implementing act defining digitalisation aspects related to the instruments included in Batch 4
- 2028-2029: Technical implementation of the decentralised IT system with regard to the Batch 4 instruments
Notwithstanding, additional implementation activities will be necessary beyond 2029 in order to ensure continued coordination, technical management, maintenance, support and monitoring activities.
All the measures beyond 2027 will be subject to the availability of the allocations in the next Multiannual Financial Framework (MFF) and do not prejudge the future Commission’s proposal for the MFF post-2027.
1.5.2.Added value of Union involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this point 'added value of Union involvement' is the value resulting from Union intervention which is additional to the value that would have been otherwise created by Member States alone.
Reasons for action at European level (ex-ante)
The initiative seeks to improve the efficiency and resilience of cross-border judicial cooperation, and access to justice with regard to the body of EU judicial cooperation legal instruments by introducing holistic digitalisation provisions. While, as demonstrated in the Impact Assessment 89 , some previous good pilot projects exist, voluntary cooperation cannot achieve the initiatives’ goals and objectives. This is also predicated by the existence of legal uncertainties (e.g. with regard to the recognition of electronic documents, signatures and seals), which cannot be overcome without coordinated legislative action that can only be carried out at EU level.
Expected generated Union added value (ex-post)
The initiative will contribute to more efficient and resilient EU cross-border judicial cooperation and facilitated access to justice, and potentially lead to an increase in the use of the relevant acquis. For more information on the expected positive added value refer to the impacts elaborated above.
1.5.3.Lessons learned from similar experiences in the past
The initiative takes into account the lessons learnt in the context of the various pilot use cases carried out on voluntary basis in the context of the development of the e-CODEX system 90 .
More recently, it builds on the experiences gained in the context of the Service of Documents 91 and Taking of evidence Regulation 92 (recast), where aspects related to the mandatory use of a decentralised IT system for digital cross-border communication were first introduced.
1.5.4.Compatibility with the Multiannual Financial Framework and possible synergies with other appropriate instruments
This initiative is a follow-up to the Communication from the Commission on the Digitalisation of justice in the European Union adopted on 2 December 2020 93 .
It establishes synergies with:
- The proposal for a Regulation on the Computerised system for communication in cross-border civil and criminal proceedings (e-CODEX system) 94 , given that the foreseen electronic exchanges and the underlying decentralised IT system would rely on e-CODEX as the technical solution for secure and interoperable cross-border communication.
- Regulation (EU) 910/2014 95 (the ‘e-IDAS’ regulation), as this initiative introduces the use of qualified trust services (qualified electronic seals and signatures) in the context of the electronic communication taking place through the decentralised IT system.
1.5.5.Assessment of the different available financing options, including scope for redeployment
The initiative will fully re-use the eDelivery building block, and potentially the one on eID and trust services that were developed under the Connecting Europe Facility (CEF) programme. Moreover, the initiative aims to re-use the platform developed in the context of the e-Evidence Digital Exchange System (e-EDES). In spite of leveraging these synergies, financing will be required for the digitalisation of the communication in the context of the judicial cooperation procedures, which currently takes place through traditional means (namely paper). Implementation will start with a preparatory analysis and finish with a solution rollout and operationalisation.
Member States would be able to seek financing for setting up/improving their relevant national infrastructure from existing Union programmes - in particular, the cohesion policy funds and the Justice programme 96 .
1.6.Duration and financial impact of the proposal/initiative
◻ limited duration
–◻ in effect from [DD/MM]YYYY to [DD/MM]YYYY
–◻ Financial impact from YYYY to YYYY for commitment appropriations and from YYYY to YYYY for payment appropriations.
☒ unlimited duration
–Implementation with a start-up period from 2022 to 2029 97 ,
–followed by full-scale operation.
1.7.Management mode(s) planned 98
☒ Direct management by the Commission
–☒ by its departments, including by its staff in the Union delegations;
–◻ by the executive agencies
◻ Shared management with the Member States
◻ Indirect management by entrusting budget implementation tasks to:
–◻ third countries or the bodies they have designated;
–◻ international organisations and their agencies (to be specified);
–◻ the EIB and the European Investment Fund;
–◻ bodies referred to in Articles 70 and 71 of the Financial Regulation;
–◻ public law bodies;
–◻ bodies governed by private law with a public service mission to the extent that they provide adequate financial guarantees;
–◻ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that provide adequate financial guarantees;
–◻ persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.
–If more than one management mode is indicated, please provide details in the ‘Comments’ section.
Comments
2. MANAGEMENT MEASURES
Monitoring and reporting rules
Specify frequency and conditions.
The Regulation will be reviewed for the first time five years after its full application and then every five years. The Commission will report on the findings to the European Parliament and to the Council.
2.1.Management and control system(s)
2.1.1.Justification of the management mode(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed
This Regulation does not affect the existing management mode(s) and control systems employed by the Commission.
The Regulation establishes inter alia a digital channel for electronic communication between the competent national authorities for the entire corpus of EU law in the area of cross-border judicial cooperation in civil, commercial and criminal matters.
This requires the development of technical specifications and standards, software development work and coordination of the activities of national authorities. In view of the current low level of digitalisation with respect to communication in cross-border cases in the Member States, the Regulation foresees the development of a software product (‘reference implementation’) by the Commission. Furthermore, the Regulation foresees the development of an EU-level access point for citizens and businesses on the European e-Justice Portal.
In order to face these tasks, it is necessary to equip appropriately the Commission’s services. The required resources amount to a total of 22 FTEs for the period until and including 2027, and excluding services provided by external suppliers):
For 2022:
- 1 FTE for legal and for policy work, including on coordination with the national competent authorities
- 1 FTE for IT implementation activities (Business, Project and Contract management)
For the 2023-2027 period (per annum):
- 2 FTEs for legal and for policy work, including on coordination with the national competent authorities
- 2 FTEs for IT implementation activities (Business, Project and Contract management)
2.1.2.Information concerning the risks identified and the internal control system(s) set up to mitigate them
The main identified risks relate to:
(a) Time and cost overruns due to unforeseen IT implementation issues with regard to the development of the decentralised IT system, and in particular the reference implementation solution to be developed by the Commission. This risk is mitigated by the fact that the key building blocks which can be used for the development of the decentralised IT system already exist and are mature – namely, the e-CODEX system (which itself is based on the eDelivery building block) and the e-Evidence Digital Exchange System.
This risk will be addressed by implementing standard internal control systems, in particular project management controls applicable to all systems developed by the Commission (i.e. governance oversight, project and risk management).
(b) Implementation and rollout delays on the side of the Member States’ respective authorities. This risk will be mitigated by ensuring feasibility and agreement on the implementation time plan at the time of elaboration of the implementing acts, regular follow-up and providing technical support to the national authorities in charge of implementation.
2.1.3.Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs ÷ value of the related funds managed"), and assessment of the expected levels of risk of error (at payment & at closure)
This Regulation does not affect the cost-effectiveness of the existing Commission controls.
2.2.Measures to prevent fraud and irregularities
Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.
The existing fraud prevention measures applicable to the Commission will cover the appropriations necessary for this Regulation.
3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE
3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected
·Existing budget lines
In order of multiannual financial framework headings and budget lines.
| Heading of multiannual financial framework | Budget line | Type of expenditure | Contribution | |||
| Number | Diff./Non-diff. 99 | from EFTA countries 100 | from candidate countries 101 | from third countries | within the meaning of Article 21(2)(b) of the Financial Regulation | |
| 1 | 02.04.05.01 | Non-diff. | NO | NO | NO | NO |
·New budget lines requested
In order of multiannual financial framework headings and budget lines.
| Heading of multiannual financial framework | Budget line | Type of expenditure | Contribution | |||
| Number | Diff./Non-diff. | from EFTA countries | from candidate countries | from third countries | within the meaning of Article 21(2)(b) of the Financial Regulation | |
| [XX.YY.YY.YY] | YES/NO | YES/NO | YES/NO | YES/NO |
3.2.Estimated financial impact of the proposal on appropriations
3.2.1.Summary of estimated impact on operational appropriations
–◻ The proposal/initiative does not require the use of operational appropriations
–☒ The proposal/initiative requires the use of operational appropriations, as explained below:
EUR million (to three decimal places)
| Heading of multiannual financial framework | Number | 1 |
| DG: JUST | Year 2022 | Year 2023 | Year 2024 | Year 2025 | Year 2026 | Year 2027 | TOTAL | ||
| • Operational appropriations | |||||||||
| Budget line 102 : 02.04.05.01 | Commitments | (1a) | 0 | 1.700 | 4.000 | 1.500 | 4.000 | 4.000 | 15.200 |
| Payments | (2a) | 0 | 1.700 | 4.000 | 1.500 | 4.000 | 4.000 | 15.200 | |
| Budget line | Commitments | (1b) | |||||||
| Payments | (2b) | ||||||||
| Appropriations of an administrative nature financed from the envelope of specific programmes 103 | |||||||||
| Budget line | (3) | ||||||||
| TOTAL appropriations for DG JUST 104 | Commitments | =1a+1b +3 | 0 | 1.700 | 4.000 | 1.500 | 4.000 | 4.000 | 15.200 |
| Payments | =2a+2b +3 | 0 | 1.700 | 4.000 | 1.500 | 4.000 | 4.000 | 15.200 |
• TOTAL operational appropriations | Commitments | (4) | 0 | 1.700 | 4.000 | 1.500 | 4.000 | 4.000 | 15.200 |
| Payments | (5) | 0 | 1.700 | 4.000 | 1.500 | 4.000 | 4.000 | 15.200 | |
| • TOTAL appropriations of an administrative nature financed from the envelope for specific programmes | (6) | ||||||||
| TOTAL appropriations under HEADING 1 of the multiannual financial framework | Commitments | =4+ 6 | 0 | 1.700 | 4.000 | 1.500 | 4.000 | 4.000 | 15.200 |
| Payments | =5+ 6 | 0 | 1.700 | 4.000 | 1.500 | 4.000 | 4.000 | 15.200 |
If more than one operational heading is affected by the proposal / initiative, repeat the section above:
| • TOTAL operational appropriations (all operational headings) | Commitments | (4) | |||||||
| Payments | (5) | ||||||||
| TOTAL appropriations of an administrative nature financed from the envelope for specific programmes (all operational headings) | (6) | ||||||||
| TOTAL appropriations under HEADINGS 1 to 6 of the multiannual financial framework (Reference amount) | Commitments | =4+ 6 | 0 | 1.700 | 4.000 | 1.500 | 4.000 | 4.000 | 15.200 |
| Payments | =5+ 6 | 0 | 1.700 | 4.000 | 1.500 | 4.000 | 4.000 | 15.200 |
Heading of multiannual financial framework | 7 | ‘Administrative expenditure’ |
This section should be filled in using the 'budget data of an administrative nature' to be firstly introduced in the Annex to the Legislative Financial Statement (Annex V to the internal rules), which is uploaded to DECIDE for interservice consultation purposes.
EUR million (to three decimal places)
| Year 2022 | Year 2023 | Year 2024 | Year 2025 | Year 2026 | Year 2027 | TOTAL | |||
| DG: JUST | |||||||||
| • Human resources | 0,304 | 0,608 | 0,608 | 0,608 | 0,608 | 0,608 | 3,344 | ||
| • Other administrative expenditure | 0,006 | 0,254 | 0,254 | 0,254 | 0,254 | 0,254 | 1,276 | ||
| TOTAL DG JUST | Appropriations | 0,310 | 0,862 | 0,862 | 0,862 | 0,862 | 0,862 | 4,620 |
| TOTAL appropriations under HEADING 7 of the multiannual financial framework | (Total commitments = Total payments) | 0,310 | 0,862 | 0,862 | 0,862 | 0,862 | 0,862 | 4,620 |
EUR million (to three decimal places)
| Year 2022 | Year 2023 | Year 2024 | Year 2025 | Year 2026 | Year 2027 | TOTAL | |||
| TOTAL appropriations under HEADINGS 1 to 7 of the multiannual financial framework | Commitments | 0,310 | 2,562 | 4,862 | 2,362 | 4,862 | 4,862 | 19,820 | |
| Payments | 0,310 | 2,562 | 4,862 | 2,362 | 4,862 | 4,862 | 19,820 |
3.2.2.Estimated output funded with operational appropriations
Commitment appropriations in EUR million (to three decimal places)
| Indicate objectives and outputs ⇩ | Year 2022 | Year 2023 | Year 2024 | Year 2025 | Year 2026 | Year 2027 | ||||||||||
| Type 105 | Average cost | No | Cost | No | Cost | No | Cost | No | Cost | No | Cost | No | Cost | Total No | Total cost | |
| SPECIFIC OBJECTIVES No 1 and 2 106 | ||||||||||||||||
| - Output | Number of digitalised EU judicial cooperation procedures | 8 | 5,343 | 9 | 5,343 | 17 | 10,686 | |||||||||
| Subtotal for specific objectives No 1 and 2 | 8 | 5,343 | 9 | 5,343 | 17 | 10,686 | ||||||||||
| TOTALS | 8 | 5,343 | 9 | 5,343 | 17 | 10,686 |
3.2.3.Summary of estimated impact on administrative appropriations
–◻ The proposal/initiative does not require the use of appropriations of an administrative nature
–☒ The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:
EUR million (to three decimal places)
| Year 2022 | Year 2023 | Year 2024 | Year 2025 | Year 2026 | Year 2027 | TOTAL |
| HEADING 7 of the multiannual financial framework | |||||||
| Human resources | 0,304 | 0,608 | 0,608 | 0,608 | 0,608 | 0,608 | 3,344 |
| Other administrative expenditure | 0,006 | 0,254 | 0,254 | 0,254 | 0,254 | 0,254 | 1,276 |
| Subtotal HEADING 7 of the multiannual financial framework | 0,310 | 0,862 | 0,862 | 0,862 | 0,862 | 0,862 | 4,620 |
| Outside HEADING 7 107 of the multiannual financial framework | |||||||
| Human resources | |||||||
| Other expenditure of an administrative nature | |||||||
| Subtotal outside HEADING 7 of the multiannual financial framework |
| TOTAL | 0,310 | 0,862 | 0,862 | 0,862 | 0,862 | 0,862 | 4,620 |
The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.
3.2.4.Estimated requirements of human resources
–◻ The proposal/initiative does not require the use of human resources.
–☒ The proposal/initiative requires the use of human resources, as explained below:
Estimate to be expressed in full time equivalent units
| Year 2022 | Year 2023 | Year 2024 | Year 2025 | Year 2026 | Year 2027 | ||
| 20 01 02 01 (Headquarters and Commission’s Representation Offices) | 2 | 4 | 4 | 4 | 4 | 4 | |
| 20 01 02 03 (Delegations) | |||||||
| 01 01 01 01 (Indirect research) | |||||||
| 01 01 01 11 (Direct research) | |||||||
| Other budget lines (specify) | |||||||
| 20 02 01 (AC, END, INT from the ‘global envelope’) | |||||||
| 20 02 03 (AC, AL, END, INT and JPD in the delegations) | |||||||
| XX 01 xx yy zz 108 | - at Headquarters | ||||||
| - in Delegations | |||||||
| 01 01 01 02 (AC, END, INT - Indirect research) | |||||||
| 01 01 01 12 (AC, END, INT - Direct research) | |||||||
| Other budget lines (specify) | |||||||
| TOTAL | 2 | 4 | 4 | 4 | 4 | 4 |
XX is the policy area or budget title concerned.
The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.
Description of tasks to be carried out:
| Officials and temporary staff | 2 Legal/Policy Officers (AD) – responsible for the elaboration, drafting and adoption of the implementing acts, the analysis of legal requirements, organising and chairing the work of the committee(s) and liaising with eu-LISA. 1 Business Manager (AD) – responsible for liaising with the Member State national authority stakeholders, defining business workflows, business and product requirements and onsite consulting services. 1 IT Project Manager (AD) – responsible for the development, maintenance and support of the decentralised IT system, the reference implementation thereof, project, quality and contract management. |
| External staff |
3.2.5.Compatibility with the current multiannual financial framework
The proposal/initiative:
–☒ can be fully financed through redeployment within the relevant heading of the Multiannual Financial Framework (MFF).
Explain what reprogramming is required, specifying the budget lines concerned and the corresponding amounts. Please provide an excel table in the case of major reprogramming.
–◻ requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation.
Explain what is required, specifying the headings and budget lines concerned, the corresponding amounts, and the instruments proposed to be used.
–◻ requires a revision of the MFF.
Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts.
3.2.6.Third-party contributions
The proposal/initiative:
–☒ does not provide for co-financing by third parties
–◻ provides for the co-financing by third parties estimated below:
Appropriations in EUR million (to three decimal places)
| Year N 109 | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | Total | |||
| Specify the co-financing body | ||||||||
| TOTAL appropriations co-financed |
3.3.Estimated impact on revenue
–☒ The proposal/initiative has no financial impact on revenue.
–◻ The proposal/initiative has the following financial impact:
◻ on own resources
◻ on other revenue
please indicate, if the revenue is assigned to expenditure lines ◻
EUR million (to three decimal places)
| Budget revenue line: | Appropriations available for the current financial year | Impact of the proposal/initiative 110 | ||||||
| Year N | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | ||||
| Article …………. |
For assigned revenue, specify the budget expenditure line(s) affected.
[…]
Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information).
[…]
(1) Charter of Fundamental Rights of the European Union (OJ C 326, 26.10.2012, p. 391–407).
(2) COM(2021) 700 final.
(3) Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (recast) (OJ L 405, 2.12.2020, p. 40–78) and Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (OJ L 324, 10.12.2007, p. 79–120).
(4) Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (recast) (OJ L 405, 2.12.2020, p. 1–39).
(5) COM/2020/710 final.
(6) In the context of this proposal for a Regulation, the “digital by default” principle should be understood as a way to improve the efficiency and resilience of communication, reduce costs and administrative burden, by making the digital channel of communication the preferred one to be used.
(7) COM/2020/690 final.
(8) COM/2020/712 final.
(9) COM/2018/225 final - 2018/0108 (COD).
(10) Council conclusions on shaping Europe’s digital future 2020/C 202 I/01 (OJ C 202I, 16.6.2020, p. 1–12).
(11) Council conclusions ‘Access to justice – seizing the opportunities of digitalisation’ 2020/C 342 I/01 (OJ C 342I, 14.10.2020, p. 1–7).
(12) Implemented further to the ‘Council conclusions on improving criminal justice in cyberspace’ of 9 June 2016.
(13) Council conclusions ‘The European arrest warrant and extradition procedures – current challenges and the way forward’ 2020/C 419/09 (OJ C 419, 4.12.2020, p. 23–30).
(14) Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73–114).
(15) COM/2021/281 final.
(16) JOIN/2020/18 final
(17) COM/2020/823 final
(18) COM/2020/713 final
(19) Consolidated version of the Treaty on the Functioning of the European Union (OJ C 326, 26.10.2012, p. 47–390).
(20) SWD(2021) 392
(21) https://data.europa.eu/doi/10.2838/118529
(22) SWD(2021) 392
(23) The main IT tool that has been so far developed at the EU level, as a one-stop shop for access to information and services in the area of justice.
(24) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39–98).
(25) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1–88).
(26) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89–131).
(27) SWD(2021) 392
(28) Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240 (OJ L 166, 11.5.2021, p. 1–34).
(29) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Digitalisation of justice in the European Union. A toolbox of opportunities, COM(2020) 710 final
(30) Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (OJ L 405, 2.12.2020, p. 40).
(31) Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 (OJ L 324, 10.12.2007, p. 79).
(32) Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (recast) (OJ L 405, 2.12.2020, p. 1).
(33) Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (OJ L 174, 27.6.2001, p. 1).
(34) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(35) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(36) Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1–79)
(37) Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1).
(38) Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p. 19).
(39) Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73–114).
(40) Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (OJ L 399, 30.12.2006, p. 1).
(41) Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (OJ L 199, 31.7.2007, p.1).
(42) Regulation (EU) No 655/2014 of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters (OJ L 189, 27.6.2014, p. 59).
(43) Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders (OJ L 303, 28.11.2018, p. 1).
(44) * DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on amending Council Directive 2003/8/EC, Council Framework Decisions 2002/465/JHA, 2002/584/JHA, 2003/577/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA, 2008/947/JHA, 2009/829/JHA and 2009/948/JHA, and Directive 2014/41/EU of the European Parliament and of the Council, as regards digitalisation of judicial cooperation.
(45) Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1–14).
(46) Charter of Fundamental Rights of the European Union (OJ C 326, 26.10.2012, p. 391–407).
(47) Directive 2010/64/EU of the European Parliament and of the Council of 22 May 2012 on the right to interpretation and translation in criminal proceedings (OJ 2010 L 280/1) Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ 2012 L 142/1); Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ 2013 L 294/1); Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (OJ 2016 L 65/1);- Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings (OJ 2016 L 132/1); Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings (OJ L 297, 4.11.2016).
(48) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
(49) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(50) Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings (OJ L 132, 21.5.2016, p. 1–20).
(51) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13–18).
(52) Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (OJ L 399, 30.12.2006, p. 1)
(53) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(54) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(55) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(56) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(57) Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (OJ L 199, 31.7.2007, p. 1)
(58) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(59) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(60) Regulation (EU) No 655/2014 of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters (OJ L 189, 27.6.2014, p. 59).
(61) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(62) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(63) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(64) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(65) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(66) Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p. 19)
(67) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(68) Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders (OJ L 303, 28.11.2018, p. 1).
(69) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(70) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(71) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(72) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(73) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(74) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(75) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(76) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(77) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(78) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(79) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(80) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(81) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(82) * Proposal for a Regulation (EU) of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (COM(2021) 759).
(83) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(84) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(85) * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).
(86) As referred to in Article 58(2)(a) or (b) of the Financial Regulation.
(87) Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240. (OJ L 166, 11.5.2021, p. 1–34).
(88) SWD(2021) 392
(89) https://www.e-codex.eu/
(90) Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (OJ L 405, 2.12.2020, p. 40–78).
(91) Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (recast) (OJ L 405, 2.12.2020, p. 1–39).
(92) COM/2020/710 final.
(93) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a computerised system for communication in cross-border civil and criminal proceedings (e-CODEX system), and amending Regulation (EU) 2018/1726 (COM/2020/712 final).
(94) Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73–114).
(95) Regulation (EU) 2021/693 of the European Parliament and of the Council of 28 April 2021 establishing the Justice Programme and repealing Regulation (EU) No 1382/2013 (OJ L 156, 5.5.2021, p. 21–38).
(96) All the measures beyond 2027 will be subject to the availability of the allocations in the next Multiannual Financial Framework (MFF) and do not prejudge the future Commission’s proposal for the MFF post- 2027.
(97) Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx
(98) Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
(99) EFTA: European Free Trade Association.
(100) Candidate countries and, where applicable, potential candidates from the Western Balkans.
(101) According to the official budget nomenclature.
(102) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
(103) The appropriations will be made available to DG JUST by DG CNECT following the adoption of the relevant Work Programmes.
(104) Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).
(105) As described in point 1.4.2. ‘Specific objective(s)…’
(106) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
(107) Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).
(108) Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the following years.
(109) As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20 % for collection costs.