65 Amendments of Ibán GARCÍA DEL BLANCO related to 2021/0394(COD)
Amendment 66 #
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 in a manner that ensures the protection of fundamental rights as provided for in the Charter, especially those enshrined in Title VI and Article 47 on the right to an effective remedy and to a fair trial. These should in no way undermine procedural rights that are essential for the protection of those fundamental rights, including those stemming from Directives 2010/64/EU, 2012/13/EU, 2013/48/EU and (EU) 2016/343 of the European Parliament and of the Council.
Amendment 77 #
Proposal for a regulation
Recital 5
Recital 5
(5) It is important that appropriate channels are developed to ensure that justice systems can efficiently cooperate digitally. 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 among competent authorities, while respecting the fundamental rights guaranteed by the Charter, especially the protection of privacy and personal data.
Amendment 83 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Digitalisation of proceedings in civil and criminal matters in the Union should be encouraged with the aim of strengthening the rule of law and fundamental rights, namely by facilitating access to justice by all, in particular vulnerable groups such as the elderly, migrants or people with disabilities.
Amendment 84 #
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6 b) In the context of this Regulation, accessibility, in particular for people with disabilities, should be understood as principles and techniques to be observed when designing, constructing, maintaining, and updating websites, software, electronic communications, videoconferencing and other distance communication technology in order to make them more accessible to users.
Amendment 85 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
Amendment 87 #
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7 b) Member States should ensure that all justice professionals receive legal training, including prosecutors, judges, lawyers and administrative staff. Such training should aim at improving the functioning of justice systems across the EU, as well as the upholding of fundamental rights and values, notably by enabling justice professionals to efficiently address any challenges that may arise during proceedings due to their virtual nature, such as hearings held via videoconferencing or other distance communication technology.
Amendment 94 #
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, a Commission-developed software (reference implementation software). The Commission should be responsible for the creation, maintenance 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. In particular, any natural or legal persons that take part in creating, maintaining or developing the national IT systems or the reference implementation software should be bound by these requirements and principles. 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 98 #
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 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 102 #
Proposal for a regulation
Recital 14
Recital 14
(14) In exceptional cases, other means of communication than the decentralised IT system may be used. 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 meansthe decentralised IT system 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. In any case, documents submitted by means other than the decentralised IT system should not be considered inadmissible solely on that basis. 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.
Amendment 104 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 106 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) In order to safeguard the principle of equality of arms, it is important that when other parties in a case and their legal or authorised representative have the right to access case materials, such as communication between competent authorities, they can do so via the decentralised IT system.
Amendment 110 #
Proposal for a regulation
Recital 17
Recital 17
(17) For the purpose of facilitating access of natural and legal persons and their legal or authorised representatives 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 and their legal or authorised representatives 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.
Amendment 115 #
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 their legal or authorised representatives and the respective authorities which are competent in the proceedings under the legal acts listed in Annex I.
Amendment 119 #
Proposal for a regulation
Recital 19
Recital 19
(19) In the context of the communication in cross-border cases of natural and legal persons and their legal or authorised representatives with competent authorities, electronic communication should be used as an alternative to the existing means of communication. Notwithstanding, to ensure that access to justice through digital means does not contribute to further widening of the digital divide, the choice of the means of communication between electronic communication, as provided by this Regulation, and other means of communication should be left to the discretion of the individualnatural persons concerned. This is particularly important in order to cater for the specific circumstances of disadvantaged groups and people in situation of vulnerability, such as children or older people, who may lack the requisite technical means or digital skills to access digital services. However, for legal persons communication with competent authorities should take place, by default, via electronic means.
Amendment 126 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to facilitate oral hearings in proceedings in civil, commercial and criminal matters with cross-border implications, this Regulation should provide for the optional use of videoconferencing or other distance communication technology for the participation of the parties, as well as other relevant participants in proceedings, such as translators and the parties’ legal or authorised representatives, in such hearings. The procedure for applying and conducting of hearings through videoconferencing or other distance communication technology should be governed by the law of the Member State conducting the videoconference. The specific videoconferencing or other distance communication technology used should meet applicable privacy, data protection and information security standards irrespective of the type of hearing for which they are used. Conducting a hearing by videoconferencing or other distance communication technology should not be refused solely based on the non-existence of national rules governing the use of distance communication technology. In such cases the most appropriate rules available under the national law, such as rules for taking of evidence, should apply mutatis mutandis. In all cases where videoconferencing or other distance communication technology is used, the software used should be made freely available to all parties and other relevant participants to the proceedings. Moreover, in such cases, all parties and other relevant participants to the proceedings should have the necessary infrastructure to use videoconferencing or other distance communication technology, such as a stable internet connection and a suitable device. Any necessary adjustments should also be made to respect the principle of non-discrimination and all other fundamental rights guaranteed by the Charter.
Amendment 130 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) Member States should ensure that any procedural rights foreseen in national law are respected regardless of whether an oral hearing takes place in person or via videoconferencing or any other distance communication technology and regardless of any unforeseen technical or logistical difficulties that may arise.
Amendment 135 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) Member States should assess how digitalisation of proceedings impacts the costs related to the management and governance of their justice systems, as well as consider whether any cost reductions and savings made possible by digitalisation could result in lower legal fees, thereby improving access to justice by making it more affordable and less dependent on economic or social factors.
Amendment 137 #
Proposal for a regulation
Recital 27
Recital 27
(27) The reference implementation software developed by the Commission as a back-end system should programmatically collect the data necessary for monitoring purposes and such data should be transmitted to the Commission. Where Member States choose to use a national IT system instead of the reference implementation software developed by the Commission, such a system mayshould be equipped to programmatically collect those data and, in that case, those data should be transmitted to the Commission.
Amendment 140 #
Proposal for a regulation
Recital 29
Recital 29
(29) The application of this Regulation should be without prejudice to the separation of powers and the independence of the judiciary across the Member States, as well as to procedural rights as enshrined in the Charter of Fundamental Rights of the European Union46 and Union law, such as the procedural rights directives47 , and in particular to the right to an interpreter, the right of access to a lawyer, the right of access to the case file, the right to legal aid, and the right to be present at the trial. _________________ 46 Charter of Fundamental Rights of the European Union (OJ C 326, 26.10.2012, p. 391–407). 47 Directive 2010/64/EU of the European Parliament and of the Council of 22 May 2012 on the right to interpretation and translation in criminal proceedings (OJ 2010 L 280/1) Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ 2012 L 142/1); Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ 2013 L 294/1); Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (OJ 2016 L 65/1);- Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings (OJ 2016 L 132/1); Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings (OJ L 297, 4.11.2016).
Amendment 142 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) In their application of this Regulation, the Union and the Member States should have due regard to the environmental impact of the digitialisation of cross-border judicial cooperation and should therefore aim to put in place measures that mitigate or reduce such impact to the extent possible and in view of promoting environmental sustainability.
Amendment 143 #
Proposal for a regulation
Recital 29 b (new)
Recital 29 b (new)
(29 b) For the purposes of complying with this Regulation in full respect of the Charter, given the highly sensitive nature of the information exchanged, Member States should strive to put in place national measures that would ensure a level of cybersecurity that is comparable to that of the NIS2 proposal.
Amendment 158 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2 a Non-discrimination and respect for fundamental rights The fundamental rights and freedoms of all persons affected by electronic communication in judicial procedures in civil, commercial and criminal matters, in particular the right to effective access to justice, the right to a fair trial, the principle of non-discrimination, the right to the protection of personal data and the right to privacy, shall be fully respected in accordance with Union law.
Amendment 159 #
Article 2 b Separation of powers and independence of the judiciary When carrying out their responsibilities under this Regulation, all entities shall respect the principle of the separation of powers and ensure that their decisions and actions respect the principle of the independence of the judiciary.
Amendment 168 #
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 exceptional circumstances, such as the disruption of the decentralised IT system, and the nature of the transmitted material or exceptional circumstances, 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 170 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 176 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Documents submitted by means other than the decentralised IT system shall not be considered inadmissible solely on that basis.
Amendment 177 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 179 #
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4 a. Where appropriate and in accordance with Member States’ national law, parties to a case and their legal or authorised representative shall have access to relevant case materials, such as communication between competent authorities, via the decentralised IT system.
Amendment 187 #
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, or their legal or authorised representative, and competent authorities in cases falling under the scope of the legal acts listed in Annex I.
Amendment 192 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Commission shall be responsible for the creation, technical management, development, maintenance, security and support of the European electronic access point. The European electronic access point shall be made as accessible as technically possible to all natural or legal persons and their legal or authorised representatives.
Amendment 194 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Member States shall ensure that accessible and free of charge assistance services are provided to any natural or legal persons and their legal or authorised representatives who may require them in order to use the European electronic access point or the national IT portals, where available.
Amendment 197 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The European electronic access point shall allow natural and legal persons and their legal or authorised representative to file claims, launch requests, send and receive procedurally relevant information and communicate with the competent authorities, review relevant documents related to a proceeding and communicate with the competent authorities. The European electronic access point shall comply with the requirements of the national law of the relevant Member State with regard to form, language and representation.
Amendment 200 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Means of communication between natural or legal persons and competent authorities
Amendment 204 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Written communication between natural or legal personspersons, or their legal or authorised representative, 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 212 #
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 or through national IT portals, where available, where that natural or legal person gave prior express consent to the use of this means of communication.
Amendment 214 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Means of communication between legal persons and competent authorities 1. Written communication between legal persons or their legal or authorised representative and competent authorities falling within the scope of the legal acts listed in Annex I, shall be carried out by the following electronic means: (a) the European electronic access point; or (b) national IT portals, where available. 2. Where electronic communication in accordance with paragraph 1 is not possible due to exceptional circumstances, such as the disruption of the decentralised IT system and the nature of the transmitted material, 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. 3. Documents submitted by means other than the decentralised IT system shall not be considered inadmissible solely on that basis. 4. Communication under paragraph 1 shall be considered equivalent to written communication under the applicable procedural rules.
Amendment 217 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Competent authorities shall accept electronic communication under Article 5(1) and Article 5a(1), transmitted through the European electronic access point or national IT portals, where available.
Amendment 223 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Without prejudice to specific provisions regulating the use of videoconferencing or other distance communication technology in proceedings under the legal acts listed in Annex I, and upon request of a party to proceedings falling under the scope of these legal acts or in other civil and commercial matters where one of the parties is present in another Member State, or upon request of their legal or authorised representative, competent authorities shall allow their participation as well as of all other relevant participants to the proceedings to a hearing by videoconferencing or other distance communication technology, provided that:
Amendment 226 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) such technology is available and the relevant software is made freely available to all parties and other relevant participants to the proceedings, and
Amendment 229 #
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(b a) all parties and other relevant participants to the proceedings have access to the necessary infrastructure to use videoconferencing or other distance communication technology, and
Amendment 231 #
Proposal for a regulation
Article 7 – paragraph 1 – point b b (new)
Article 7 – paragraph 1 – point b b (new)
(b b) the necessary adjustments are made to assure non-discrimination and respect for fundamental rights of all parties in line with Article 2a as well as respective procedural rights
Amendment 235 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. A request for conducting an oral hearing through videoconferencing or other distance communication technology may be refused by the competent authority where the particular circumstances of the case are not compatible with the use of such technology and the decision is duly justified.
Amendment 240 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Competent authorities may on their own motion allowdetermine the participation of parties and other relevant parties to hearings by videoconference, provided that all parties to the proceedings are given the possibility to submit an opinion on the use of videoconferencing or other distance communication technologythe conditions under Articles 1(a), 1(b), 1(ba) and 1(bb) are met.
Amendment 241 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Subject to this Regulation, the procedure for requesting and conducting a videoconference shall be regulated by the national law of the Member State conducting videoconferenin which the proceeding has been lodged or where the proceedings are taking place.
Amendment 244 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. Where the recording of hearings is provided for under the national law of a Member State for domestic cases, the same rules shall apply also to hearings through videoconferencing or other distance communication technology in cross-border cases. Member States shall take appropriate measures to ensure that such records are secured and not publicly disseminated.
Amendment 252 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Where the competent authority of a Member State requests the hearing of a suspect, accused or convicted person in proceedings under the legal acts listed in Annex II, the competent authority shall allow their participation to the hearing, as well as of all other relevant participants to the proceedings, by videoconferencing or other distance communication technology, provided that:
Amendment 254 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) such technology is available and the relevant software is made freely available to all parties and other relevant participants to the proceedings;
Amendment 257 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the particular circumstances of the case justify the use of such technology; and competent authorities take any necessary measures to ensure non-discrimination and respect for fundamental rights of all parties in line with Article 2a as well as applicable procedural rights;
Amendment 260 #
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the suspect, accused or convicted persons expressed consent on the use of videoconferencing or other distance communication technology. Before expressing consent on the use of videoconferencing or other distance communication technology the suspect or the accused person shall have the possibility to seek the advice of a lawyerMember States shall ensure that the consent to the use of videoconferencing by a suspect, accused or convicted person is given voluntarily and unequivocally. The competent authority conducting the hearing by videoconferencing or other distance communication technology shall verify the suspect’s, accused or convicted person’s consent before proceeding with the hearing. Verification of the consent shall be recorded in the records of the hearing in accordance with the national law of the Member State. Before the suspect, accused or convicted person is asked to express their consent, the competent authorities shall provide them with information about the procedure for conducting a hearing through videoconferencing or other distance communication technology, including their right to interpretation in accordance with Directive 2010/64/EU and their right of access to legal assistance in accordance with Directive 2013/48/EU.
Amendment 264 #
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(c a) All parties as well as all other relevant participants to proceedings have access to the necessary infrastructure to use videoconferencing or other distance communication technology.
Amendment 272 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Subject to this Regulation, the procedure for conducting a videoconference shall be regulated by the national law of the Member State conducting the videoconferenwhere the proceedings are taking place.
Amendment 282 #
4. The confidentiality of communication, such as through the use of videoconferencing or other distance communication technology, as well as sharing of documents between suspects, accused or convicted persons and their lawyer before and, during and after the hearing through videoconferencing or other distance communication technology shall be ensuredshall be ensured by Member States and, where appropriate, facilitated, by the relevant competent authority.
Amendment 292 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 313 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Every fivthree years after the date of application of Article 25, the Commission shall carry out an evaluation of this Regulation and present to the European Parliament and to the Council a report supported by information supplied by the Member States and collected by the Commission. It shall also include an assessment of the effect of electronic communication on the equality of arms in the context of cross-border civil and criminal proceedings;
Amendment 317 #
Proposal for a regulation
Article 17 – paragraph 3 – point b a (new)
Article 17 – paragraph 3 – point b a (new)
(b a) the number of relevant judicial professionals who have completed training in the use of digital tools for judicial cooperation;
Amendment 318 #
Proposal for a regulation
Article 17 – paragraph 3 – point b b (new)
Article 17 – paragraph 3 – point b b (new)
(b b) the number of cases where legal and technical assistance was provided to natural or legal persons in their use of the European electronic access point or the national IT portals, where available.
Amendment 319 #
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3 a. The Commission may, where appropriate and duly justified, request information from national competent authorities other than the competent authority designated by Member States.
Amendment 320 #
Proposal for a regulation
Article 18 – paragraph 1 – point d a (new)
Article 18 – paragraph 1 – point d a (new)
(d a) identification of the competent authorities that should be considered as such for the proceedings under the legal acts that are listed in Annexes I and II.
Amendment 323 #
Proposal for a regulation
Article 19 – paragraph 1 – point 1
Article 19 – paragraph 1 – point 1
Regulation (EC) No 1896/2006
Article 19 – paragraph 1 – point 1
Article 19 – paragraph 1 – point 1
5. The application shall be submitted in paper form, by electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]52 , or, where the use of such means is not possible in duly identified exceptional cases, by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin .. _________________ 52 * Regulation (EU) […] 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 (OJ L …).
Amendment 324 #
Proposal for a regulation
Article 19 – paragraph 1 – point 3 – point a
Article 19 – paragraph 1 – point 3 – point a
Regulation (EC) No 1896/2006
Article 19 – paragraph 1 – point 3 – point a
Article 19 – paragraph 1 – point 3 – point a
4. The statement of opposition shall be submitted in paper form or by electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]54 , or, where the use of such means is not possible in duly identified exceptional cases, by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin.. _________________ 54 * Regulation (EU) […] 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 (OJ L …).
Amendment 325 #
Proposal for a regulation
Article 20 – paragraph 1 – point 1
Article 20 – paragraph 1 – point 1
Regulation (EC) No 861/2007
Article 20 – paragraph 1 – point 1
Article 20 – paragraph 1 – point 1
1. The claimant shall commence the European Small Claims Procedure by filling in standard claim Form A, as set out in Annex I to this Regulation, and lodging it with the court or tribunal with jurisdiction directly, by post, by electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]56 or, where the use of such means is not possible in duly identified exceptional cases, by any other means of communication, such as fax or e-mail, acceptable to the Member State in which the procedure is commenced. The claim form shall include a description of evidence supporting the claim and be accompanied, where appropriate, by any relevant supporting documents.. _________________ 56 * Regulation (EU) […] 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 (OJ L …).
Amendment 326 #
Proposal for a regulation
Article 21 – paragraph 1 – point 1
Article 21 – paragraph 1 – point 1
Regulation (EU) No 655/2014
Article 21 – paragraph 1 – point 1
Article 21 – paragraph 1 – point 1
4. The application and supporting documents may be submitted by any means of communication, including electronic, which are accepted under the procedural rules of the Member State in which the application is lodged or by the electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]58 . _________________ 58 * Regulation (EU) […] 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 (OJ L …).
Amendment 327 #
Proposal for a regulation
Article 21 – paragraph 1 – point 2
Article 21 – paragraph 1 – point 2
Regulation (EU) No 655/2014
Article 21 – paragraph 1 – point 2
Article 21 – paragraph 1 – point 2
5. The decision on the application shall be brought to the notice of the creditor in accordance with the procedure provided for by the law of the Member State of origin for equivalent national orders or by the electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]59 .. _________________ 59 * Regulation (EU) […] 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 (OJ L …).
Amendment 328 #
Proposal for a regulation
Article 21 – paragraph 1 – point 4 – point a
Article 21 – paragraph 1 – point 4 – point a
Regulation (EU) No 655/2014
Article 21 – paragraph 1 – point 4 – point a
Article 21 – paragraph 1 – point 4 – point a
(b) by the electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]62 . _________________ 62 * Regulation (EU) […] 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 (OJ L …).
Amendment 329 #
Proposal for a regulation
Article 22 – paragraph 1 – point 2
Article 22 – paragraph 1 – point 2
Regulation 848/2015
Article 22 – paragraph 1 – point 2
Article 22 – paragraph 1 – point 2
Any foreign creditor may lodge claims in insolvency proceedings by any means of communication, which are accepted by the law of the State of the opening of proceedings or by the electronic means of communication provided for in Article 5 and Article 5a of Regulation (EU) …/…[this Regulation]64 . _________________ 64 * Regulation (EU) […] 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 (OJ L …).