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The e-CODEX system is the technological backbone of the digitalisation of EU judicial cooperation in both civil and criminal matters. It comprises a package of software products that allow for secure digital communication between courts, and between citizens and the courts, in particular enabling the secure exchange of judicial documents. The project, launched in 2010 with EU funding, has until now been managed by a consortium of Member States and other organisations, and coordinated by the Ministry ...

During the November I plenary session, Parliament is due to vote a resolution aimed at strengthening democracy, media freedom and pluralism in the European Union. The resolution calls for immediate action, both legislative and non-legislative, to address the issue of strategic lawsuits against public participation (SLAPPs).

This briefing anlyses the strenghts and weaknesses of the Commission impact assessment (IA) accompanying the proposal to to formally establish the e-CODEX system at EU level and entrust its operational management to the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (EU-LISA). The IA contains a number of important shortcomings that significantly reduce its overall quality.

On 31 May 2018, the Commission proposed a proposal for a new regulation on taking of evidence in civil proceedings. It takes stock of the existing regulation (from 2001), but provides for a number of changes to remove legal uncertainty and to promote electronic communications. Parliament adopted its legislative resolution on the proposal on 13 February 2019. The main points of Parliament's position include modifying the definition of the term 'court', to mean any authority in a Member State that ...

Ten years since its adoption, the EU Mediation Directive remains very far from reaching its stated goals. This briefing summarises the main achievements and failures in the implementation at national level. In addition, it assesses the conclusions of previous research and of the European Parliament's resolution on the implmentation of the Mediation Directive.

The Committee on Legal Affairs wants Parliament to call on the Commission to put forward a proposal for a directive to lay down common rules on limitation periods for civil claims arising from cross-border traffic accidents. Its report stresses the differences between Member States' rules, and the legal difficulties faced by victims of cross-border accidents.

Since 2015, the European Commission has worked on the establishment of a Multilateral Investment Court (MIC). The purpose of this court is to have a permanent international body that can settle investment disputes between investors and states. The MIC would replace the current system of investor-to-state dispute settlement (ISDS) based on ad hoc commercial arbitration, which has become controversial over the past few years.

Judicial cooperation in civil matters

EU Fact Sheets 01-04-2017

Free movement of goods, services, capital and people cross-border is constantly on the increase. In civil matters having cross-border implications, the European Union is developing judicial cooperation, building bridges between the different legal systems. Its main objectives are legal certainty and easy and effective access to justice, implying identification of the competent jurisdiction, clear designation of the applicable law and speedy and effective recognition and enforcement procedures.

Upon request by the JURI Committee this paper describes the European Law Institute/UNIDROIT Project for a text establishing Principles of Transnational Civil Procedure and subsequent efforts to establish a European set of procedures that would transcend national jurisdictional rules and facilitate the resolution of disputes arising from transnational commercial transactions. It is a rolling programme of rules, with comments designed to produce soft-law.

The Mediation Directive

In-Depth Analysis 16-12-2016

Taking into account the limited objectives set within the Mediation Directive, namely to facilitate access to alternative dispute resolution and promote mediation that would operate in a balanced relationship with judicial proceedings, its implementation throughout the European Union has been rather successful and unproblematic. In some Member States, it has triggered the establishment of previously non-existent mechanisms and institutions; in others, it has ensured some alignment of procedural law ...