Digitising Access to Justice: The Next Steps in the Digitalisation of Judicial Cooperation in Europe

Abstract

The digitalisation of justice has been high on the agenda of both national and EU policy makers and legislators for the at least a decade. At the EU level, the latest and most encompassing proposal is the Commission digitalisation of judicial cooperation proposal of 1 December 2021 (COM (2021)759 final). This editorial article discusses the developments in digitising justice at the national and the EU level, and in particular this new proposal on the digitisation of judicial cooperation in cross-border civil, commercial and criminal matters.

It concludes that in recent years progress has been made in the Member States, and that the Covid-19 pandemic has been a trigger in raising awareness of the need to bring justice in line with the extensive use of digital technology in daily life, work, and commerce. After more than a decade of facilitating and encouraging the use of digital communication in different EU instruments, the recent recast of the Service and Evidence Regulation have moved forward to making digital means of communication compulsory. This latest proposal on the digitalisation of judicial cooperation of December 2021 provides for a broad package enabling electronic means of communication, facilitating videoconferencing and validating electronic documents and signatures. A set of legal measures – combined with technological facilities and supported by proposed strategy of training of justice professionals – will hopefully further guide the road towards a more integrated, sustainable and secure system of e-justice in the EU. Knowing the intricacies of law and technology and the EU legislative process we may expect a bumpy road ahead.

Keywords: ditising justice; digitalisation; e-justice; judicial cooperation; civil justice; criminal justice

JEL Classification: K40, K41, K49, K14