Members' Research Service By / December 14, 2022

Digitalising cross-border judicial cooperation [EU Legislation in Progress]

In its explanatory memorandum to the proposal, the European Commission pointed out that secure, reliable and time-efficient communication between courts and competent authorities is a prerequisite for effective cross-border judicial cooperation in the EU.

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Written by Rafał Mańko (1st edition).

On 1 December 2021, the European Commission tabled a proposal for a horizontal regulation on digitalisation of judicial cooperation and access to justice, intended to apply to both civil and criminal proceedings of a cross-border nature within the EU. It would supplement horizontally, rather than replace, existing rules on the digital delivery of documents, digital hearings and other uses of information technology (IT) for cross-border judicial cooperation. In principle, Member States’ competent judicial or other authorities would be under a duty to use digital channels of communication, whereas for individuals, the use of such channels would be optional.

In the European Parliament, the Committee on Legal Affairs (JURI) and the Committee on Civil Liberty, Justice and Home Affairs (LIBE) are dealing jointly (Rule 58) with the proposal. On 14 October 2022, the co-rapporteurs presented their draft report. In the Council, the proposal has been examined by the e-Justice working party.

On 30 June 2022, the Council Presidency summarised the working party’s preliminary findings in a document circulated to Member States’ delegations, with view to continuing work at the political level.


Proposal for a regulation 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
Committees responsible:Legal Affairs (JURI) and Civil Liberties, Justice and Home Affairs (LIBE)COM(2021) 759
Co-rapporteurs:Emil Radev (EPP, Bulgaria) and Marina Kaljurand (S&D, Estonia)2021/0394(COD)
Shadow rapporteurs:For LIBE: Nuno Melo, Maria-Manuel Leitão‑Marques, Fabienne Keller, Yana Toom, Gwendoline Delbos-Corfield, Patryk Jaki, Kosma Złotowski, Clare Daly, Emmanuel MaurelOrdinary legislative procedure (COD)
(Parliament and Council on equal footing
– formerly ‘co-decision’)
Next steps expected: Adoption of joint committee report
EU Legislation in progress timeline

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