Considerations on COM(2021)760 - Amendment of a Council Directive, Council Framework Decisions and a Directive, as regards digitalisation of judicial cooperation

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dossier COM(2021)760 - Amendment of a Council Directive, Council Framework Decisions and a Directive, as regards digitalisation of judicial ...
document COM(2021)760 EN
date December 13, 2023
 
(1) In its 2 December 2020 Communication on the digitalisation of justice in the EU 14 the Commission identified the need to modernise the legislative framework of the Union’s cross-border procedures in civil, commercial and criminal law, in line with the “digital by default” principle, while ensuring all necessary safeguards to avoid social exclusion.

(2) Facilitating judicial cooperation between the Member States is among the main objectives of the Union’s area of freedom, security and justice enshrined in Title V of Part Three of the Treaty on the Functioning of the European Union.

(3) For the purposes of enhancing judicial cooperation in civil commercial and criminal matters with cross-border implications, legal acts of the Union providing for communication between competent authorities, including Union agencies and bodies, should be complemented by conditions for conducting such communication through digital means.

(4) In order to achieve these goals, Regulation (EU) …/…[Digitalisation Regulation] has been adopted.

(5) For the purposes of ensuring the full attainment of the objectives of Regulation (EU) …/…[Digitalisation Regulation], and for the alignment of the existing Union legal acts in civil, commercial and criminal matters with that Regulation, it is necessary to amend the following legal acts: Council Directive 2002/8/EC 15 , Council Framework Decisions 2002/465/JHA 16 , 2002/584/JHA 17 , 2003/577/JHA 18 , 2005/214/JHA 19 , 2006/783/JHA 20 , 2008/909/JHA 21 , 2008/947/JHA 22 , 2009/829/JHA 23 and 2009/948/JHA 24 , and Directive 2014/41/EU of the European Parliament and of the Council 25 .

(6) The amendments seek to ensure that communication between authorities takes place in accordance with the rules and principles set out in Regulation (EU) …/…[Digitalisation Regulation].

(7) Whereas this Directive sets out amendments to rules already transposed into the national legal order of the Member States, it should also have specific provisions on the transposition of these amendments. The transposition provisions should be aligned with the implementation timeline provided for in Regulation (EU) …/…[Digitalisation Regulation].

(8) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application.

(9) [In accordance with Articles 1, 2 and 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Directive and is not bound by it or subject to its application.]

OR

[In accordance with Article 3 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland has notified [, by letter of …,] its wish to take part in the adoption and application of this Directive].