Directive (EU) 2023/2843 of the European Parliament and of the Council of 13 December 2023 amending Directives 2011/99/EU and 2014/41/EU of the European Parliament and of the Council, Council Directive 2003/8/EC and Council Framework Decisions 2002/584/JHA, 2003/577/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA, 2008/947/JHA, 2009/829/JHA and 2009/948/JHA, as regards digitalisation of judicial cooperation

Summary:

Directive (EU) 2023/2843 - adopted by the co-legislators on 13 December 2023 - introducing amendments to a number of legislative acts as regards the digitalisation of judicial cooperation.

Further information:

Regulation (EU) 2023/2844 established a set of rules on digitalisation, which aim at improving access to justice and the efficiency and resilience of the communication flows inherent to the cooperation between judicial and other competent authorities in cross-border cases in the European Union (EU). In order to ensure that communication is conducted uniformly under the scope of all EU legal instruments in the area of civil, commercial and criminal matters, certain provisions already governing communication need to be aligned with the goal of ensuring "digital by default" information exchanges.

The purpose of the amendments is to ensure legal certainty in such situations where existing provisions may govern communication differently than the Regulation. Considering that a certain number of the concerned legal acts are Framework Decisions and Directives, it is appropriate to amend them by way of a Directive, which also sets out transposition aspects.

The draft law was adopted by the European Commission on 1 December 2021, as part of a legislative package focusing on the digitalisation of justice. The Council of the European Union adopted its general approach to the proposed Regulation on 9 December 2022. The plenary of the European Parliament endorsed a negotiating position on 15 March 2023. An informal agreement between the co-legislators on a compromise text for this file was reached on 19 July. This was formally endorsed by Parliament on 23 November and by the Council on 8 December. The Act was signed by the co-legislators on 13 December 2023 and published in the Official Journal on 27 December 2023.

Official

EUR-LEX: COM(2021)760: Proposal for a Directive amending Council Directive 2003/8/EC, Council Framework Decisions 2002/465/JHA, 2002/584/JHA, 2003/577/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA, 2008/947/JHA, 2009/829/JHA and 2009/948/JHA, and Directive 2014/41/EU of the European Parliament and of the Council, as regards digitalisation of judicial cooperation https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2021:760:FIN

EUR-LEX: SWD(2021)392: Staff Working Document accompanying the Proposal - Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:392:FIN

EUR-LEX: SWD(2021)393: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:393:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on Digitalisation of cross-border judicial cooperation (amendment of certain directives and framework decisions) (2021/0395(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2021/0395(COD)

---