Activities of Ramona STRUGARIU related to 2020/0345(COD)
Shadow reports (1)
REPORT on the 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
Amendments (20)
Amendment 55 #
Proposal for a regulation
Recital 2
Recital 2
(2) It is thus important that appropriate channels are developed to ensure that justice systems can efficiently cooperate in a digital way. Therefore, it is essential to establish, at Union level, an information technology instrument that allows swift, direct, interoperable, reliable and secure cross-border electronic exchange of case related data. Such a system, enabling citizens and businesses to exchange documents and evidence in digital form with judicial or other competent authorities, when provided forby national or Union law, should contribute to improving access to justice, transparency and increase citizens' trust in the Union.
Amendment 62 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The e-CODEX system should be the preferred solution for an interoperable, decentralised and secure platform for cross-border judicial cooperation in civil and criminal matters.
Amendment 72 #
Proposal for a regulation
Recital 7
Recital 7
(7) Since it is necessary to ensure the long term sustainability of the e-CODEX system and its governance while taking into accountrespecting the independence of the national judiciaries, an appropriate entity for the operational management of the system should be designated.
Amendment 82 #
Proposal for a regulation
Recital 10
Recital 10
(10) Given eu-LISA's priority tasks of developing and managing the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), the European Criminal Records Information System for Third Country Nationals (ECRIS-TCN), the revised Schengen Information System (SIS), the Visa Information System (VIS) and Eurodac, as well as the strategic task to establish a framework for interoperability between EU information systems, eu-LISA should not take over the responsibility for the e-CODEX system not earlier than on 1 July 2023 and no later than 31 December 2023.
Amendment 85 #
(11) The e-CODEX system can be used in cross-border civil and criminal proceedings. However, given its open source nature, it could also be used in other situations. This Regulation should not apply to any usethe electronic transmission of information in the context of cross-border civil and criminal proceedings by means of the e- CODEX system which is not basin accordance with the legal acts adopted oin the legal acts listed in Annex Iarea of judicial cooperation listed in Annex I. The Commission should be empowered to adopt delegated acts to extend the list to other existing or future legal acts.
Amendment 95 #
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. The entities operating authorised e-CODEX access points should comply with the data protection requirements laid down in Regulations (EU) 2018/17251a and (EU) 2016/6791b of the European Parliament and of the Council. 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. _________________ 1aRegulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39) 1bRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)(OJ L 119, 4.5.2016, p. 1).
Amendment 102 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) Those entities that cannot be framed within the competences of a Union institution, body, office or agency or a Member State should be allowed to nominate correspondents who are entitled to receive support on how to use the e- CODEX system.
Amendment 111 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to allow eu-LISA to prepare the takeover adequately, the entity managing the e-CODEX system should prepare by 31 December0 June 2022 a handover document setting out the detailed arrangements for the transfer of the e- CODEX system, including the criteria for a successful handover process and its completion, in accordance with implementing acts adopted by the Commission pursuant to this Regulation. The handover document should cover the components of the e-CODEX system including the gateway, the connector and the digital procedural standards, as well as the relevant supporting products. The Commission should monitor the handover/takeover process in order to ensure its compliance with the implementing acts and the handover document, and the takeover should only take place once the Commission has declared that the process has been successfully completed. After submitting the handover document and until the successful handover of the e-CODEX system to eu-LISA, the entity managing the e-CODEX system should not deliver any new release but should only ensure corrective maintenance activities of the e- CODEX system.
Amendment 113 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order for the Commission to be able to evaluate the e-CODEX system on a regular basis, eu-LISA should report to the Commission every two years on the technical evolution and the technical functioning of the e-CODEX system. In order to feed into that report, Member States should provide eu-LISA with the relevant information concerning the access points operated in their territory and the Commission should provide similar information concerning the access points operated by Union institutions, bodies and agencies. Entities created and managed by public international organisations operating authorised e-CODEX access points should be given a deadline to provide eu-LISA with information about the access points operated by them.
Amendment 124 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall apply to the electronic transmission of information in the context of cross-border civil and criminal proceedings by means of the e- CODEX system in accordance with the legal acts adopted in the area of judicial cooperation listed in Annex I. The Commission is empowered to adopt delegated acts concerning the amendments of Annex I in order to include further legal acts adopted in the area of judicial cooperation.
Amendment 125 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall apply to the electronic transmission of information in the context of cross-border civil and criminal proceedings by means of the e- CODEX system in accordance with the legal acts adopted in the area of judicial cooperation listed in Annex I. The Commission is empowered to adopt delegated acts in accordance with Article 16a to amend the list contained in Annex I.
Amendment 134 #
Proposal for a regulation
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(g a) ‘e-CODEX correspondent’ means a person, designated by a Member State, by the Commission or by entities created and managed by public international organisations operating an authorised e- CODEX access point, who can receive support from eu-LISA concerning the e- CODEX system components in accordance with point (f) of Article 6(2);
Amendment 153 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. eu-LISA shall be responsible for the operational management of the components of the e-CODEX system referred to in Article 4(2)(b) and (3) and of the supporting software listed in Annex II, as well as for maintaining a high level of security standards throughout the process, while carrying out its tasks, as referred to in Article 10.
Amendment 154 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. eu-LISA shall be responsible for the operational management of the components of the e-CODEX system referred to in Article 4(2)(b) and (3) and of the supporting software listed in Annex II, as well as for the operational management of the Domibus Connector software.
Amendment 162 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Each Member State shall designate up to five e-CODEX correspondents. Only those correspondents shall be entitled to request and receive the technical support referred to in Article 6(2)(f). Those correspondents shall be entitled to request and receive technical support on behalf of all authorised e-CODEX access points in the Member States. Each Member State shall communicate a list of its designated e-CODEX correspondents and any modification thereto to the Commission and eu-LISA.
Amendment 169 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. Entities created and managed by public international organisations operating an authorised e-CODEX access points shall be entitled to designate one e- CODEX correspondent. Those correspondents shall be entitled to request and receive the technical support referred to in Article 6(2)(f).
Amendment 172 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The entity managing the e-CODEX system shall, by 31 December0 June 2022 at the latest, submit a common handover document to eu-LISA specifying the detailed arrangements for the transfer of the e- CODEX system, including the criteria for a successful handover process and completion and related documentation, as established by the implementing acts pursuant to Article 5(1)(c), including provisions on intellectual property rights or usage rights relating to the e-CODEX system and the supporting software listed in Annex II enabling eu-LISA to carry out its responsibilities in accordance with Article 6.
Amendment 175 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. eu-LISA shall take over responsibility for the e-CODEX system at the date when the Commission has declared the successful completion of the handover/takeover process referred to in paragraph 2 and not earlier than on 1 July 2023 but not later than on 31 December 2023.
Amendment 182 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. During the handover/takeover process the e-CODEX Advisory Group shall be chaired by eu-LISA and shall meet regularly, at least every second month, until the takeover process is successfully completed.
Amendment 188 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Programme Management Board shall be composed of eight members appointed by the Management Board, the Chair of the Advisory Group referred to in Article 11 and one member appointed by the Commission. The Management Board shall ensure that the members it appoints to the Programme Management Board have the necessary experience and expertise regarding the e-CODEX system. The members of the Programme Management Board can be appointed from among the experts taking part in the Advisory Group.