e-CODEX – computerised system for the cross-border electronic exchange of data in the area of judicial cooperation in civil and criminal matters

SUMMARY OF:

Regulation (EU) 2022/850 on the e-CODEX system

WHAT IS THE AIM OF THE REGULATION?

It aims to facilitate the digitalisation of cross-border judicial communication and provide better access to justice for citizens and businesses.

KEY POINTS

The CODEX (e-justice communication via online data exchange) system enables digital connectivity between European Union (EU) Member States’ national judicial systems.
It allows its users (competent judicial authorities, legal practitioners and individuals) to electronically send and receive documents, legal forms, evidence or other information swiftly, securely and reliably.
The regulation sets out the legal basis for the CODEX system.
It sets out rules in the following areas:
- the definition, composition, functions and management of the e-CODEX system;
- the responsibilities of the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) regarding the e-CODEX system;
- the responsibilities of the European Commission, Member States and the entities operating authorised e-CODEX access points;
- aspects related to the security of the e-CODEX system.

Composition

The e-CODEX system is composed of:

an e-CODEX access point, consisting of:
- an interoperable gateway, which allows the secure exchange of information over a telecommunications network with other gateways to be carried out,
- a connector to link connected IT systems to the gateway for the purpose of exchanging data with other such IT systems;
digital procedural standards;
the supporting software products, documentation and other assets listed in the annex to the regulation.

Role of the Member States, the Commission and eu-LISA

Member States and the Commission have a number of responsibilities including:

authorising e-CODEX access points for the connected systems following EU and national law;
maintaining a list of authorised e-CODEX access points and of the digital procedural standards that each authorised e-CODEX access point applies; this list and any changes thereto should be notified to eu-LISA;
supervising their authorised e-CODEX access points, ensuring that the conditions under which authorisation was granted are continuously met;
designating e-CODEX correspondents to request and receive technical support from eu-LISA.

eu-LISA will ensure that the software and digital procedural standards used by the access points are secure and reliable, and will assist in the development of new use cases.

Handover and takeover

Until its handover to eu-LISA, the e-CODEX system will be managed by a consortium of Member States and organisations with funding from EU programmes.
This consortium will present a handover document with detailed arrangements for the transfer of the e-CODEX system by 31 December 2022.
eu-LISA will take over responsibility for the e-CODEX system between 1 July and 31 December 2023, after the Commission declares that the handover process has been completed successfully and after consulting both the entity currently managing the e-CODEX system and eu-LISA.

Advisory Group

From 1 January 2023, the e-CODEX Advisory Group will provide expert assistance to eu-LISA. In particular, the Advisory Group must:

monitor the status of the e-CODEX system’s implementation in the Member States;
examine the need for, assess and prepare new digital procedural standards;
promote knowledge sharing;
monitor eu-LISA’s compliance with the service level requirements.

Programme Management Board

The e-CODEX permanent Programme Management Board, which will be established as of 1 January 2023, must:

advise the eu-LISA Management Board on the e-CODEX system’s long-term sustainability, and ensure the prioritisation of activities and strategic commitments;
ensure adequate management of the e-CODEX system;
ensure the respect for the principal of the independence of the judiciary.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 21 June 2022.

BACKGROUND

For further information, see:

e-CODEX (European Commission)
e-CODEX EU.

MAIN DOCUMENT

Regulation (EU) 2022/850 of the European Parliament and of the Council of 30 May 2022 on a computerised system for the cross-border electronic exchange of data in the area of judicial cooperation in civil and criminal matters (e-CODEX system), and amending Regulation (EU) 2018/1726 (OJ L 150, 1.6.2022, pp. 1–19).