The Council Presidency and the European Parliament reached a provisional agreement for amending of two regulations in respect of the taking of evidence and the service of documents, stated the press release on the topic of the Council of EU:
The vision of the EU institutions for modernizing the judicial cooperation includes judicial cooperation for the civil and commercial cases as long as it concerns gathering of evidence and service of documents. It is provided improvement of the efficiency and speed of cross-border judicial proceedings by taking advantage of digitalisation and the use of modern technology. The final aim is to advance access to justice and fair trial for the parties
In respect of the matter on gathering of evidence, It is provided that the two regulations above are to be amended with inclusion of the requirement for mandatory use of an electronic decentralised IT system, composed of interconnected national IT systems, for the transmission of documents and requests between member states.
The Commission of EU will be assigned to deal with the creation, maintenance and future development of a reference software which member states can choose to apply as their back end system, instead of a nationally-developed IT system.
As long as it concerns the topic – service of documents, it is being planned that documents can be served electronically and directly to addressee with known address in another member state, when their express consent is given in advance. The service can be performed through qualified electronic registered delivery services or, under additional conditions, by e-mail.
The draft new rules also promote the use of videoconferencing or other distance communication technology in the taking of evidence which implies hearing a witness, party or expert present in another member state.
In order for the provisions detailing the above to become part of the EU judicial system, the provisional agreement now needs to be submitted for endorsement by EU member states’ ambassadors.
Whether or not the above rules get adopted, such changes will become fact in the most recent future which on more local focus, raises many questions about the digitalisation of the judicial and administrative service in Bulgaria and IT security in the government bodies and courts.
Source: Council of EU