Members' Research Service By / June 15, 2021

Computerised system for communication in cross-border judicial proceedings (e-CODEX) [EU Legislation in Progress]

The management of the project would be entrusted to eu-LISA (the EU Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice). Within the European Parliament, the LIBE and JURI committees are jointly in charge of the file, and the draft report is expected shortly.

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Written by Rafał Mańko (2nd edition, updated on 20.09.2022).

The e-CODEX system is the technological backbone of the digitalisation of EU judicial cooperation in both civil and criminal matters. It comprises a package of software products that allow for secure digital communication between courts, and between citizens and the courts, in particular enabling the secure exchange of judicial documents. The project, launched in 2010 with EU funding, has until now been managed by a consortium of Member States and other organisations, and coordinated by the Ministry of Justice of the German Land of North Rhine-Westphalia. However, it has so far lacked an explicit legal basis in EU law. To remedy this situation, in 2020 the Commission put forward a proposal for a regulation laying down the legal framework for e-CODEX and entrusting its management to eu-LISA (the EU Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice) seated in Tallinn, Estonia. The final text of the regulation, agreed by the co-legislators in April 2022, introduces new provisions safeguarding the rule of law, in particular judicial independence and separation of powers, and fundamental rights, in particular the right to a fair trial, the right to data protection, and the right to privacy.

Versions

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
Committee responsible: Civil Liberties, Justice and Home Affairs (LIBE) and Legal Affairs (JURI) (jointly under Rule 58) COM(2020) 712 02.12.2020
Rapporteur:

Nuno Melo (EPP, Portugal); Emil Radev (EPP, Bulgaria)

2020/0345(COD)
Shadow rapporteurs: Franco Roberti, Isabel Santos (S&D); Ramona Strugariu, Adrián Vázquez Lázara (Renew); Gwendoline Delbos-Corfield, Sergey Lagodinsky (Greens/EFA); Angel Dzhambazki, Cristian Terheş (ECR); Clare Daly, Emmanuel Maurel (The Left) Ordinary legislative procedure (COD) (Parliament and Council on equal footing – formerly ‘co-decision’)
Procedure completed. Regulation (EU) 2022/850
OJ L 150, 1.6.2022, pp. 1–19

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