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.