The digitalization of transnational judicial cooperation in the European Union: Regulation (EU) 2023/2844 of the European Parliament and of the Council

Abstract

The digitisation of judicial cooperation in the European Union responds to the need to modernise judicial systems and guarantee more efficient, accessible and secure procedures in a cross-border environment, which is why Regulation (EU) 2023/2844 establishes a regulatory framework that allows the implementation of digital tools in civil, commercial and criminal justice, promoting electronic communication between authorities, the use of decentralised systems and the regulation of videoconferencing in proceedings. Based on the principles of subsidiarity and proportionality, the Regulation prioritises interoperability, security and data protection, with special attention to the inclusion of people with disabilities and the training of legal practitioners. Among its main provisions, it establishes the obligatory use of a decentralised computer system for the transmission of information between Member States, which will guarantee high standards of security and confidentiality, as well as the creation of a European electronic access point hosted on the e-Justice portal, allowing the electronic submission of claims, payment of fees and the management of judicial documents. In addition, measures are established to regulate videoconferencing in judicial proceedings, ensuring its technical viability and protecting the procedural rights of the parties involved. The implementation of electronic trust services, such as qualified digital signatures and seals, is also promoted to guarantee the validity and authenticity of electronic documents. In the criminal sphere, the use of digital means of communication between authorities in seizure and confiscation proceedings is introduced, ensuring speed and transparency in the execution of rulings. The regulation also imposes obligations on Member States regarding the supervision of the application of the Regulation, establishing that the European Commission will be responsible for its periodic evaluation, promoting the collection of statistical data on its impact and allowing adjustments to improve its efficiency. The Regulation also provides for the training of judges, prosecutors and other legal professionals in the use of digital tools, ensuring a smooth transition in all Member States. The Regulation will apply from May 2025, with staggered deadlines for the implementation of certain technical requirements and adjustments to national systems.