Towards the digitalization of EU judicial cooperation: Access to justice to be improved
Abstract
The paper discusses the recent European Digital Judicial Cooperation
Regulation and its challenges. The Regulation aims for a “digital by default”
approach but has not yet fully implemented it. It calls for a common EU approach to
improve efficiency, reduce costs, and ensure the concrete exercise of the fundamental
right of access to justice. The EU must overcome these challenges and establish a
digital framework for cross-border judicial cooperation. The close correlation
between digitalization and access to justice should also be examined in order to
enable citizens and businesses to effectively exercise their rights in the European
judicial area. It is also essential to analyse the relevant provisions of the new
Regulation on the digitalisation of judicial cooperation to highlight its development
and analyse the issues that arise. The main finding is that while the Regulation is a
step in the right direction, it leaves room for further differentiation of access to justice
between Member States. Therefore, additional improvements are desirable for a
prompter implementation. In conclusion, the paper outlines the delicate balance
between the need for simple, harmonised digital tools in judicial cooperation and the
challenges arising from the complexity and diversity of existing systems within
Member States. The Regulation aims to advance digital justice while addressing
potential disparities in technology adoption and legal practices across the EU.
URI
https://www.fsjeurostudies.eu/files/FSJ.2.2024.13.GIACALONE.pdfhttp://elea.unisa.it/xmlui/handle/10556/8061