23 Amendments of Abir AL-SAHLANI related to 2021/0394(COD)
Amendment 69 #
Proposal for a regulation
Recital 3
Recital 3
(3) For the purposes of enhancing judicial cooperation and access to justice, legal acts of the Union providing for communication between competent authorities, including Union agencies and bodies, and between competent authorities and natural and legal persons, should be complemented by conditions for conducting such communication through digital means and training courses for competent authorities and citizens on how to use the decentralized IT system.
Amendment 75 #
Proposal for a regulation
Recital 5
Recital 5
(5) It is important that appropriate channels and tools are developed in consultation with members of the legal professions who will use them to ensure that justice systems can efficiently cooperate digitally. Therefore, it is essential to establish, at Union level, an harmonized information technology instrument that allows swift, direct, interoperable, reliable, accessible and secure cross-border electronic exchange of case related data among competent authorities.
Amendment 91 #
Proposal for a regulation
Recital 11
Recital 11
(11) The decentralised IT system should be comprised of the back-end systems of Member States and the Union agencies and bodies, and interoperable access points, through which they are interconnected. The access points of the decentralised IT system should be based on e-CODEX, and should be in compliance with accessibility requirements set out in Article 42(1) of the Directive 2014/24/EU and Article 60(1) of Directive 2014/25/EU.
Amendment 96 #
Proposal for a regulation
Recital 12
Recital 12
(12) For the purposes of this Regulation, Member States should be able to use instead of a national IT system, athe Commission-developed software (reference implementation software), for harmonisation purposes, instead of a national IT system. The Commission should be responsible for the creation, maintenance, accessibility and development of this reference implementation software in accordance with the principles of data protection by design and by default. The Commission should design, develop and maintain the reference implementation software in compliance with the data protection requirements and principles laid down in Regulation (EU) 2018/1725 of the European Parliament and of the Council34 and Regulation (EU) 2016/679 of the European Parliament and of the Council35 , in particular the principles of data protection by design and by default as well as high level of cybersecurity. The reference implementation software should also include appropriate technical measures and enable the organisational measures necessary for ensuring a level of security and interoperability which is appropriate for the exchange of information in the context of cross-border judicial procedures. _________________ 34 Regulation (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). 35 Regulation (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 99 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide swift, secure and efficient assistance to applicants, written communication between competent authorities, such as courts and Central Authorities established under Council Regulation (EC) 4/200936 and Council Regulation (EU) 2019/111137 , should, as a rule, be carried out through the decentralised IT system. In exceptional cases, other means of communication may be used if those are found to be more appropriate or efficient for the purposes of ensuring flexibility. However, the decentralised IT system should always be considered the most appropriate means for exchanging forms between competent authorities established by the legal acts listed in Annex I and Annex II to this Regulation. _________________ 36 Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1–79) 37 Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1).
Amendment 103 #
Proposal for a regulation
Recital 14
Recital 14
(14) Transmission through the decentralised IT system could be impossible due to a disruption of the system or where the nature of what has to be transmitted makes transmission by digital means impracticable, such as the transmission of physical/material evidence. Where the decentralised IT system is not used, communication should be carried out by the most appropriate alternative means. Such alternative means should entail, inter alia, transmission being performed as swiftly as possible and in a secure manner by other secure electronic means or, by postal service or by transmission in person where such transmission is possible.
Amendment 109 #
Proposal for a regulation
Recital 17
Recital 17
(17) For the purpose of facilitating access of natural and legal persons to the competent authorities, this Regulation should establish an access point at Union level (European electronic access point), as part of the decentralised IT system through which natural and legal persons should be able to file claims, launch requests, send and receive procedurally relevant information and communicate with the competent authorities, for cases covered by this Regulation. The European electronic access point should be hosted on the European e-Justice Portal, which serves as a one-stop-shop for judicial information and services in the Union. The e-Justice portal should contain information on possible training courses on how to use the decentralised IT system for natural and legal persons involved in a cross-border judicial case and on how to access the platform. It should also have a helpline that enables citizens to obtain assistance on how to use the decentralised IT system.
Amendment 113 #
Proposal for a regulation
Recital 18
Recital 18
(18) Member States should be responsible for the establishment, maintenance and development of national electronic portals (national IT portals) for the purposes of electronic communication between natural and legal persons and the respective authorities which are competent in the proceedings under the legal acts listed in Annex I, as well as for the training of competent authorities and citizens involved in a cross border judicial procedure that uses the decentralised IT system.
Amendment 129 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) Each Member State should bear the costs of establishing and adjusting its national IT systems to make them interoperable with the access points, should bear the costs of administering, operating and maintaining those systems, and should organise training courses for legal representatives, competent authorities and citizens on how to use those national IT systems.
Amendment 133 #
Proposal for a regulation
Recital 24
Recital 24
(24) For the purposes of facilitating payment of fees in cases with cross-border implications falling under the scope of the Union legal acts in civil and commercial matters, electronic payment of fees should be possible in an online environment by accessible payment methods widely available throughout the Union, such as credit cards, debit cards, e-wallet and bank transfers.
Amendment 165 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where electronic communication in accordance with paragraph 1 is not possible due to the disruption of the decentralised IT system, the nature of the transmitted material or exceptional circumstances or where such electronic communication is otherwise inappropriate on account of the specific circumstances of the case, as assessed by the national competent authorities, the transmission shall be carried out by the swiftest, most appropriate alternative means, taking into account the need to ensure a secure and reliable exchange of information.
Amendment 175 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. The means of communication used to share evidence shall not affect the validity and admissibility of the evidence exchanged, as long as those means are secure and reliable.
Amendment 185 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. A European electronic access point shall be established on the European e- Justice Portal, to be used for electronic communication between natural or legal persons and competent authorities in cases falling under the scope of the legal acts listed in Annex I. That European electronic access point shall be such as to meet the accessibility requirements set out in Annex I to Directive (EU) 2019/882 of the European Parliament and of the Council1a. _________________ 1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
Amendment 193 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Commission shall be responsible for the technical management, development, accessibility, maintenance, security and support of the European electronic access point.
Amendment 201 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Written communication between natural or legal persons, members of the legal professions and competent authorities falling within the scope of the legal acts listed in Annex I, may be carried out by the following electronic means:
Amendment 210 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall communicate with natural and legal persons through the European electronic access point, where that natural or legal person gave prior express consent to the use of this means of communication, and that means of communication is accessible to any person with a disability.
Amendment 227 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) such technology is available, and meets the accessibility requirements set out in Annex I to Directive (EU) 2019/882, and
Amendment 230 #
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(b a) procedural safeguards requested by a party with disabilities are granted.
Amendment 245 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. Member States shall ensure that the use of videoconference or other distance communication technology is accessible for any person with a disability.
Amendment 295 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall provide for technical and accessible means allowing the payment of the fees referred to in paragraph 1 through the European electronic access point.
Amendment 299 #
Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
Article 12 – paragraph 1 – point a a (new)
(a a) a) the technical specifications ensuring the accessibility of the decentralised IT system for any person with a disability using the platform;
Amendment 307 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall be responsible for the creation, accessibility, maintenance and development of reference implementation software which Member States may choose to apply as their back- end system instead of a national IT system. The creation, maintenance and development of the reference implementation software shall be financed from the general budget of the Union. The Commission shall also ensure that Member States provide adequate training courses for competent authorities, legal representatives and any person using the decentralised IT system, and shall support the Member States in providing those training courses, in order to ensure that that IT system functions correctly and efficiently.
Amendment 309 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Each Member State shall bear the costs of establishing and adjusting its national IT systems to make them interoperable with the access points, and shall bear the costs of administering, operating and maintaining those systems, as well as organise training courses for legal representatives, competent authorities and citizens on how to use those national IT systems.