6 Amendments of Caterina CHINNICI related to 2020/0345(COD)
Amendment 58 #
Proposal for a regulation
Recital 4
Recital 4
(4) The e-CODEX system is a tool specifically designed to be adopted on a preferential basis to facilitate the cross- border electronic exchange of messages in the justice areacontent by electronic means, in the field of judicial cooperation, both in civil and criminal proceedings. In the context of increased digitalisation of proceedings in civil and criminal matters, the aim of the e-CODEX system is to improve the efficiency of cross-border communication between the competent authorities and facilitate access to justice of citizens and businesses. It has been managed up to date by a consortium of Member States and organisations with funding from Union programmes
Amendment 60 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) As part of the digitalisation process of justice, the e-CODEX system will foster the development of interoperable national systems in close coordination at the level of the Union, helping to improve access to justice for citizens and businesses, facilitate judicial cooperation and ensure mutual trust between Member States and, therefore, ensure the security of communications.
Amendment 69 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) In order to enhance electronic cross-border transmission of documents through the decentralised IT system, such documents should not be denied legal effect and should not be considered inadmissible as evidence in the proceedings solely on the grounds that they are in electronic form. However, that principle should be without prejudice to the assessment of the legal effects or the admissibility of such documents as evidence in accordance with national law. It should also be without prejudice to national law regarding the conversion of documents.
Amendment 96 #
Proposal for a regulation
Recital 15
Recital 15
(15) The Member States should maintain a list of authorised e-CODEX access points operated within their territory, and communicate them to eu- LISA in order to enable the interaction between them in the context of the relevant procedures. The Commission should maintain a similar list of authorised e- CODEX access points operated by the Union institutions, bodies and agencies for the same reason. The entities operating the access points at national level may be public authorities, organisations representing legal practitioners or private companies. In the case of entities which are not part of the public administration, Member States should be directly responsible for their actions. Bearing in mind the decentralised nature of the e- CODEX system, while eu-LISA should ensure the operational management of the e-CODEX system, the responsibility for setting up and operating the authorised e- CODEX access points should lie exclusively with the entities operating the relevant access points. The entities operating the authorised e-CODEX access point should bear the responsibility for any damage resulting from the operation of the authorised e-CODEX access point.
Amendment 122 #
Proposal for a regulation
Article 1 – paragraph 2 – point c a (new)
Article 1 – paragraph 2 – point c a (new)
(c a) minimum standards for the security of hardware and software infrastructure.
Amendment 138 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Legal effects of electronic documents An electronic document shall not be denied legal effect and the admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form.