Regulation (EU) 2022/850 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

The e-CODEX system (e-Justice Communication via On-line Data Exchange) is the digital backbone of EU judicial cooperation in civil and criminal matters. Its main purpose is to enable the digitalisation of judicial communication, including communication between courts as well as between citizens and courts, and the secure exchange of judicial documents. E-CODEX was launched under the multiannual e-Justice action plan 2009-2013 and until now it has been developed by 21 Member States. It is managed by a consortium of Member States and other organisations, financed by an EU grant. However, this temporary management solution does not provide for the system’s long-term operational management. To remedy this situation, on 2 December 2020 the Commission adopted a proposal for a regulation on the e-CODEX system with the aim of providing a sustainable and long-term legal framework for the system, by handing over its management to the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA). Within the Council, the proposal was thoroughly examined at expert level and a general approach was reached on 7 June 2021 which was subsequently amended on 22 July 2021. In the Parliament, the file was assigned jointly to the Legal Affairs Committee (JURI) and Civil Liberties, Justice and Home affairs Committee (LIBE). On 14 October 2021, the responsible Committees adopted their report and then decided to open interinstitutional negotiations. The decision was later approved in plenary on 20 October 2021. The first political trilogue was held on 9 November 2021 and the second one on 8 December 2021. At the second trilogue, the European Parliament and the Council representatives provisionally agreed on a compromised text. The provisional text introduced provisions to ensure independence of the judiciary, details on the governance and management structure within eu-LISA and possibilities for Member States to contribute to further development of the e-CODEX system. On 24 March 2022, the Parliament voted and adopted its position at first reading, which reflected the agreement between the three Institutions. The text was adopted by Council on 12 April 2022 and published in the Official Journal on 1 June 2022. In short, the Regulation includes rules on the composition, functions and management of the system; on the responsibilities regarding the e-CODEX system of eu-LISA, the Commission, the Member States and the entities operating authorised e-CODEX access points; on the legal framework for the security of the e-CODEX system and the independence of the judiciary. Finally, it should be pointed out that the Regulation does not provide for the mandatory use of the e-CODEX system.