Computerised system for communication in cross-border judicial proceedings (e-CODEX)

Briefing 20-09-2022

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 of Justice of the German Land of North Rhine-Westphalia. However, it has so far lacked an explicit legal basis in EU law. To remedy this situation, in 2020 the Commission put forward a proposal for a regulation laying down the legal framework for e-CODEX and entrusting its management to eu-LISA (the EU Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice) seated in Tallinn, Estonia. The final text of the regulation, agreed by the co-legislators in April 2022, introduces new provisions safeguarding the rule of law, in particular judicial independence and separation of powers, and fundamental rights, in particular the right to a fair trial, the right to data protection, and the right to privacy. Second edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.