Regulation (EU) 2022/850 on a computerised system for the cross-border electronic exchange of data in the area of judicial cooperation in civil and criminal matters (e-CODEX system), and amending Regulation (EU) 2018/1726

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Series Details L 150, Pages 1-19
Publication Date 01/06/2022
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Summary:

Regulation (EU) 2022/850 - formally signed by the co-legislators on 30 May 2022 - establishing a governance and management structure for the e-CODEX system which is compatible with eu-LISA and amending Regulation (EU) 2018/1726. This is a text with EEA relevance.

Further information:

e-CODEX (e-Justice Communication via On-line Data Exchange) was launched under the Multiannual e-Justice Action Plan 2009-2013, mainly to promote the digitalisation of cross-border judicial proceedings and to facilitate the communication between Member States’ judicial authorities. The system was developed by 21 Member States with the participation of other third countries/territories and organisations between 2010 and 2016. The system is at this point managed by a consortium of Member States and other organisations, financed by an EU grant. Several Member States participated in pilots for the use of e-CODEX in different legal procedures.

An assessment to to project grant for e-CODEX concluded that the pilot project provided the key building blocks to achieve secure and reliable exchanges in judicial cooperation. In an accompanying Communication to the draft law, the Commission considered the system as the main tool and the gold standard for establishing an interoperable, secure and decentralised communication network between national IT systems in cross-border civil and criminal proceedings. In October 2020, the Council of the European Union had alredy urged the Commission to ensure the long-term sustainability for e-CODEX.

This Regulation establishes a stable governance solution for the e-CODEX system, with a transparent decision-making process by ensuring the involvement of Member States and other relevant stakeholders. eu-LISA taking over the e-CODEX system is a central element of this legal act, which also introduces amendments to Regulation (EU) 2018/1726. The draft law was tabled by the European Commission on 2 December 2020, as part of a package of measures aimed at modernising the EU justice systems. The Council of the European Union adopted its general approach on 7 June 2021. The European Parliament adopted its negotiating position on 20 October. An informal agreement between the co-legislators on a compromise text for this file was reached on 8 December. This was formally endorsed by the Parliament on 24 March 2022 and by the Council on 12 April. The Act was signed by the co-legislators on 30 May 2022 and published in the Official Journal on 1 June 2022.

Source Link http://data.europa.eu/eli/reg/2022/850/oj
Related Links
Commentary and Analysis
EPRS: Briefing, March 2021: Establishing a computerised system for communication in cross-border civil and criminal proceedings (e-CODEX) - Initial Appraisal of a European Commission Impact Assessment https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2021)662618
Council of Bars and Law Societies of Europe (CCBE): CCBE Position paper on the e-Codex proposal (26 March 2021) https://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/IT_LAW/ITL_Position_papers/EN_ITL_20210328_EN_IT_CCBE-position-paper-on-the-e-CODEX-proposal.pdf
EPRS: Briefing, June 2021: Computerised system for communication in cross-border judicial proceedings (e-CODEX) https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2021)690667

News
ERR News, 23/07/2021: EU's e-CODEX data exchange channel to be based in Tallinn https://news.err.ee/1608286635/eu-s-e-codex-data-exchange-channel-to-be-based-in-tallinn

Official
EUR-LEX: COM(2020)712: Proposal for a Regulation on a computerised system for communication in cross-border civil and criminal proceedings (e-CODEX system) https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2020:712:FIN
EUR-LEX: SWD(2020)541: Staff Working Document accompanying the Proposal - Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2020:541:FIN
EUR-LEX: SWD(2020)542: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2020:542:FIN
European Parliament: Legislative Observatory: Procedure File for Proposal on Computerised system for communication in cross-border civil and criminal proceedings (e-CODEX system) (2020/0345(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2020/0345(COD)
European Parliament: Legislative Train Schedule: Proposal for a regulation concerning the e-CODEX system for judicial cooperation in civil and criminal matters https://www.europarl.europa.eu/legislative-train/theme-a-new-push-for-european-democracy/file-proposal-for-the-e-codex-regulation
Official Website of e-CODEX system https://www.e-codex.eu/
European Commission: Policies: Digitalisation of justice https://ec.europa.eu/info/policies/justice-and-fundamental-rights/digitalisation-justice_en
European Commission: Press Release, 02/12/2020: Modernising EU justice systems: New package to speed up digitalisation of justice systems and boost training of justice professionals https://ec.europa.eu/commission/presscorner/detail/en/ip_20_2246
European Commission: Modernising EU justice systems - Questions and Answers (2 December 2020) https://ec.europa.eu/commission/presscorner/detail/en/qanda_20_2247
Council of the European Union: Press Release, 07/06/2021: Digitalisation of justice: Council approves its mandate for negotiations on the e-CODEX system https://www.consilium.europa.eu/en/press/press-releases/2021/06/07/digitalisation-of-justice-council-approves-its-mandate-for-negotiations-on-the-e-codex-system/
Council of the European Union: Press Release, 08/12/2021: Digitalisation of justice: Council presidency and European Parliament reach provisional agreement on e-CODEX https://www.consilium.europa.eu/en/press/press-releases/2021/12/08/digitalisation-of-justice-council-presidency-and-european-parliament-reach-provisional-agreement-on-e-codex/

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