Directive 2023/2843 - Amendment of Directives 2011/99/EU and 2014/41/EU of the European Parliament and of the Council, Council Directive 2003/8/EC and Council Framework Decisions 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, as regards digitalisation of judicial cooperation

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1.

Current status

This directive entered into force on January 16, 2024.

2.

Key information

official title

Directive (EU) 2023/2843 of the European Parliament and of the Council of 13 December 2023 amending Directives 2011/99/EU and 2014/41/EU of the European Parliament and of the Council, Council Directive 2003/8/EC and Council Framework Decisions 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, as regards digitalisation of judicial cooperation
 
Legal instrument Directive
Number legal act Directive 2023/2843
Original proposal COM(2021)760 EN
CELEX number i 32023L2843

3.

Key dates

Document 13-12-2023; Date of signature
Signature 13-12-2023
Effect 16-01-2024; Entry into force Date pub. +20 See Art 16
End of validity 31-12-9999
Transposition 01-01-1001; Adoption See Art 12 ET 13 ET 14 ET 15
01-01-1001; Application See Art 12 ET 13 ET 14 ET 15

4.

Legislative text

 

Official Journal

of the European Union

EN

Series L

 

 

2023/2843

27.12.2023

DIRECTIVE (EU) 2023/2843 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 13 December 2023

amending Directives 2011/99/EU and 2014/41/EU of the European Parliament and of the Council, Council Directive 2003/8/EC and Council Framework Decisions 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, as regards digitalisation of judicial cooperation

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(2), points (e) and (f), and Article 82(1), point (d), thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

 

(1)

In its communication of 2 December 2020 entitled ‘Digitalisation of justice in the European Union – A toolbox of opportunities’, the Commission identified the need to modernise the legislative framework of the Union’s cross-border procedures in civil, commercial and criminal law, in line with the ‘digital by default’ principle, while ensuring that all necessary safeguards are in place to avoid social exclusion.

 

(2)

Facilitating judicial cooperation between Member States is among the main objectives of the Union’s area of freedom, security and justice enshrined in Title V of Part Three of the Treaty on the Functioning of the European Union (TFEU).

 

(3)

For the purposes of enhancing judicial cooperation in civil, commercial and criminal matters with cross-border implications, legal acts of the Union providing for communication between competent authorities, including Union agencies and bodies, should be complemented by conditions for conducting such communication through digital means in a manner that ensures the protection of fundamental rights as provided for in the Charter of Fundamental Rights of the European Union, especially those enshrined in Title VI, in particular Article 47 on the right to an effective remedy and to a fair trial. Those conditions should in no way undermine the protection of procedural rights that are essential for the protection of those fundamental rights, in accordance with Union law.

 

(4)

In order to modernise and enhance judicial cooperation and facilitate access to justice, Regulation (EU) 2023/2844 of the European Parliament and of the Council (3) has been adopted.

 

(5)

For the purposes of ensuring that the objectives of Regulation (EU) 2023/2844 are fully attained, and of aligning existing Union legal acts in civil, commercial and criminal matters with that Regulation, it is necessary to amend Directives 2011/99/EU (4) and 2014/41/EU (5) of the European Parliament and of the Council, Council Directive 2003/8/EC (6) and Council Framework Decisions 2002/584/JHA (7), 2003/577/JHA (8), 2005/214/JHA (9), 2006/783/JHA (10), 2008/909/JHA (11), 2008/947/JHA (12), 2009/829/JHA (13) and 2009/948/JHA (14).

 

(6)

The amendments provided for in this Directive seek to ensure that cross-border communication between authorities takes place in accordance with the rules and principles set out in Regulation (EU) 2023/2844. Pursuant to that Regulation, communication between competent authorities of different Member States and between a national competent authority and a Union agency or body under the legal acts in the area of judicial cooperation in criminal matters amended by this Directive should, as a rule, be carried out through a decentralised IT system. In particular, the decentralised IT system should, as a rule, be...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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