Activities of Franco ROBERTI 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
Legal basis opinions (0)
Amendments (28)
Amendment 48 #
Proposal for a regulation
Recital 1
Recital 1
(1) Ensuring an effective access of citizens and businesses to justice and facilitating judicial cooperation between the Member Statesin civil and criminal matters between the Member States, while ensuring the right to a fair trial and upholding the rights of the defence, are among the main objectives of the EU’s Area of Freedom, Security and Justice enshrined in Title V of the Treaty.
Amendment 54 #
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, while always respecting the right to protection of personal 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, increasing mutual trust between Member States' judicial authorities, and upholding the rights of the defence in criminal proceedings.
Amendment 59 #
Proposal for a regulation
Recital 4
Recital 4
(4) The e-CODEX system is a tool specifically designed to facilitate the cross- border electronic exchange of messages in the justice area. 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. IUntil now, it has been managed up to date by a consortium of Member States and organisations with funding from Union programmes.
Amendment 61 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The e-CODEX system is conceived as the preferred instrument in order to facilitate the interoperable, secure and decentralised communication network between national IT systems in the area of cross-border judicial cooperation in civil and criminal matters.
Amendment 64 #
Proposal for a regulation
Recital 6
Recital 6
(6) Given the importance of the e- CODEX system for cross-border exchanges in the justice area in the Union, there should be a sustainable Union legal framework establishing the e-CODEX system and providing rules regarding its functioning and development. Such legal framework should ensure the protection of fundamental rights as provided for in the Charter, in particular those outlined in Title VI and Article 47 on the right to an effective remedy and to a fair trial. It shall in no way undermine the protection of procedural rights that are essential to the protection of those rights, including those stemming from Directives (EU) 2016/343, 2013/48/EU, 2012/13/EU and 2010/64/EU, and to facilitate judicial cooperation between the Member States. It should also clearly define and frame the components of the e-CODEX system in order to guarantee its technical sustainability and security. The system should define the IT components of an access point, which should consist of a gateway for the purpose of secure communication with other identified gateways and a connector for the purpose of supporting the message exchanges. It should also include digital procedural standards consisting of the business process models and templates defining the electronic format of the documents usata exchanged in the context of those procedures to support the use of e-CODEX access points for legal procedures provided for by legal acts adopted in the area of judicial cooperation in civil and criminal matters and to enable the exchange of information between the access points.
Amendment 66 #
Proposal for a regulation
Recital 6
Recital 6
(6) Given the importance of the e- CODEX system for cross-border exchanges in the justice area in the Union, there should be a sustainable Union legal framework establishing the e-CODEX system and providing rules regarding its functioning and development. Such legal framework should clearly define and frame the components of the e-CODEX system in order to guarantee its technical sustainability. It should also ensure equality of arms in the context of cross- border criminal proceedings, by ensuring equal access to the e-CODEX system for prosecutors and those representing the prosecution, on the one hand, and representatives of suspects and accused persons, on the other. The system should define the IT components of an access point, which should consist of a gateway for the purpose of secure communication with other identified gateways and a connector for the purpose of supporting the message exchanges. It should also include digital procedural standards consisting of the business process models and templates defining the electronic format of the documents used in the context of those procedures to support the use of e-CODEX access points for legal procedures provided for by legal acts adopted in the area of judicial cooperation and to enable the exchange of information between the access points.
Amendment 70 #
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 account the independence of the national judiciaries, an appropriate entitensuring the independence of the national judiciaries, an appropriate entity for the operational management of the system should be designated. In order to ensure the independence of the national judiciaries, including in the governance of the e-CODEX system, there should be a clear separation of services and personnel, data and administration inside the European Union Agency for the oOperational mManagement of the system should be designatedLarge-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) established by Regulation (EU) 2018/1726 of the European Parliament and of the Council1a. _________________ 1aRegulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99).
Amendment 76 #
Proposal for a regulation
Recital 9
Recital 9
(9) According to Article 19 of Regulation (EU) 2018/1726 the role of the Management Board of eu-LISA is, inter alia, to ensure that all decisions and actions of the Agency affecting large-scale IT systems in the area of freedom, security and justice respect the principle of independence of the judiciary. The governance structure of the Agency and financing scheme should further guarantee the respect of that principle. ÌIt is also important to involve the legal professions and other relevant stakeholders in the governance of the e-CODEX system through the Programme Management Board. The detailed arrangements and conditions as regards the involvement of the legal professions and other relevant stakeholders should allow for their effective participation and consultation, namely by duly considering their feedback.
Amendment 92 #
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 and publish 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. 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 97 #
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, or organisations representing legal practitioners or private companies. 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 101 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) Member States should should supervise their authorised e-CODEX access points, for which they are responsible, in particular when they are operated by entities that are not public authorities. Member States should ensure that adequate data security measures are in place.
Amendment 115 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) To enable the European Parliament and the Council, as co- legislators, to assess the success of the transfer of the e-CODEX system and how well the e-CODEX system functions in general, the Commission should produce an overall evaluation of the e-CODEX system. This evaluation should be prepared for the first time, three years after eu-LISA takes over responsibility for the e-CODEX system and every three years thereafter.
Amendment 116 #
Proposal for a regulation
Recital 22
Recital 22
(22) This Regulation should not provide any specific legal basis for processing personal data. Any processing of personal data performed in the framework of this Regulation should be in accordance with the applicable data protection rules. Regulation (EU) 2016/679 of the European Parliament and the Council35 and, Directives (EU) 2016/68036 and 2002/58/EC of the European Parliament and the Council36 , aapply to the processing of personal data carried out by e-CODEX access points, operated by authorised e- CODEX access points which are established within the territory of the Member States according to this Regulation. _________________ 35Regulation (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). 36 Directive (EU) 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89). 36aDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
Amendment 123 #
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 17a in order to amend Annex I by adding to the list included therein further legal acts providing for procedures that fall within the area of judicial cooperation in civil and criminal matters.
Amendment 131 #
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(b a) 'e-CODEX correspondent' means an entity designated by a Member State or the Commission as competent to request and receive technical support from eu- LISA in relation to the e-CODEX system.
Amendment 136 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Non-discrimination and respect for fundamental rights The fundamental rights and freedoms of all persons implicated in the electronic exchange of information through the e- CODEX system, in particular the right to equal access to justice, the right to a fair trial, the principle of non-discrimination and the right to protection of personal data and privacy, shall be fully observed and respected in accordance with Union law.
Amendment 137 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Legal effects of electronic documents Documents that are transmitted through the e-CODEX system shall not be denied legal effect or considered inadmissible as evidence in the proceeding solely on the grounds that they are in electronic form.
Amendment 145 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission mayshall adopt implementing acts establishing detailed technical specifications on the digital procedural standards defined in Article 4(3).
Amendment 160 #
Proposal for a regulation
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
(c) informing the general public through the Internet about e-CODEX, by means of a set of large-scale communication channels, such asincluding but not limited to, websites or social media platforms;
Amendment 165 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. Member States shall inform the general public, in particular individuals and organisations involved in or affected by a judicial process about e-CODEX, including through websites and social media platforms.
Amendment 173 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. During a period of not more than six months after the delivery of the handover document referred to in paragraph 1 a handover/takeover process shall take place between the entity managing the e-CODEX system and eu- LISA. During that period, the entity managing the e-CODEX system shall retain full responsibility for the e- CODEX system and shall ensure that only corrective maintenance activities are performed in the system, excluding any other types of changes to the system. It shall, in particular, not deliver any new release of the e-CODEX system.
Amendment 174 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall monitor the handover/takeover process in order to ensure that the detailed arrangements of the process are correctly implemented by the entity managing the e-CODEX system and eu-LISA, on the basis of the criteria referred to in paragraph 1. The Commission shall update the European Parliament and the Council by 31 July 2023 on the handover/takeover process.
Amendment 184 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The e-CODEX Advisory Group shall involve in its work the professional organisations representing those involved in the administration of justice at Member State level, and other stakeholders, which participated in the management of the e- CODEX system at the time of its handover.
Amendment 191 #
Proposal for a regulation
Article 12 – paragraph 5 – point d
Article 12 – paragraph 5 – point d
(d) admission of experts to the meetings, including professional organisations representing those involved in the administration of justice at Member State level, and other stakeholders, participating in the management of the e- CODEX system at the moment of its handover;
Amendment 193 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a 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 autonomy and independence of the judiciary.
Amendment 199 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. For the first time, three years after eu-LISA takes over responsibility for the e- CODEX system, and every fourthree years thereafter, the Commission shall produce an overall evaluation of the e-CODEX system. That overall evaluation shall include an assessment of the application of this Regulation and an examination of results achieved against objectives, and may propose possible future actions. It shall also include an assessment of the effect of the use of e-CODEX on equality of arms in the context of cross-border criminal proceedings. In that regard, it shall assess the access enjoyed and use of e-CODEX by representatives of suspects and accused persons in criminal proceedings. At the time of the first evaluation, the Commission shall also reexamine the role of the Programme Management Board and its continuation. The Commission shall transmit the evaluation report to the European Parliament and the Council.
Amendment 200 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. For the first time, three years after eu-LISA takes over responsibility for the e- CODEX system, and every four years thereafter, the Commission shall produce an overall evaluation of the e-CODEX system. That overall evaluation shall include an assessment of the application of this Regulation and an examination of results achieved against objectives, and may propose possible future actions. At the time of the first evaluation, the Commission shall also reexamine the role of the Programme Management Board and its continuation on objective grounds and shall, as a first step, propose any necessary improvements. The Commission shall transmit the evaluation report to the European Parliament and the Council.
Amendment 203 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Exercise of the delegation 1. The power to adopted delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 2 shall be conferred on the Commission for a period of five years from ... [the date of entry into force of this Regulation]. 3. The delegation of power referred to in Article 2 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and the Council. 6. A delegated act adopted pursuant to Article 2 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.