COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT REPORT Accompanying the document Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a computerised system for communication in cross-border civil and criminal proceedings (e-CODEX system), and amending Regulation (EU) 2018/1726
Date: 2020-12-02
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: civil proceedings, criminal proceedings, cross-border cooperation, electronic document management, electronic government, exchange of information, information system, judicial cooperation in civil matters in the EU, judicial cooperation in criminal matters in the EU, operation of the Institutions

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   EUROPEAN COMMISSION  Brussels, 2.12.2020  SWD(2020) 542 final  COMMISSION STAFF WORKING DOCUMENT  EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT REPORT  Accompanying the document Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  on a computerised system for communication in cross-border civil and criminal proceedings (e-CODEX system), and amending Regulation (EU) 2018/1726  {COM(2020) 712 final} - {SEC(2020) 408 final} - {SWD(2020) 541 final}  
 
 
Impact assessment on a computerised system for communication in cross-border civil and criminal proceedings 
(e-Justice Communication via Online Data EXchange - e-CODEX system)  

Executive Summary Sheet 

Why? What is the problem being addressed?  

A. Need for action 

e-CODEX is an IT system for cross-border judicial cooperation, which allows users, be they judicial authorities, 
legal  practitioners  or  citizens,  to  send  and  receive  documents,  legal  forms,  evidence  or  other  information  in  a 
secure manner.  e-CODEX  was  developed  by  a  consortium  of  21  EU  Member  States  between  2010  and  2016 
with  EU  funding  from  the  Competitiveness  and  Innovation  Framework  Programme  (CIP)  ICT  Policy  Support 
Programme. Member States have made use of the system on a voluntary basis in procedures like the European 
Payment Order  or the European  Small Claims Procedure. Now,  in  order to ensure the maintenance,  evolution 
and future extension to other judicial procedures of the system, a solution should be found to ensure its proper 
financing and sustainability. This is also a pre-requisite for the adoption of the system by the Member States that 
have  not  used  it  so  far.  The  Commission  is  already  developing  the  e-Evidence  Digital  Exchange  System 
(eEDES), using e-CODEX as the communication channel. Member States are expected to connect to eEDES by 
2021. E-CODEX is also the most likely software solution to be used for the establishment of the decentralised IT 
system in the context of the Service of documents and Taking of evidence regulations. Not providing sustainable 
management  of  e-CODEX  could  jeopardise  this  work,  as  well  as  with  regard  to  all  the  procedures  which  are 
already using this system in a piloting context. 

What is this initiative expected to achieve?  

The general objective is to promote the efficient functioning of a common area of freedom, security and justice 
by  ensuring  optimal  use  of  judicial  procedures.  A  common  system  for  online  communication  tailor-made  for 
judicial  authorities  is  essential  to  fulfilling  that  objective.  More  specifically,  the  initiative  aims  to  prevent 
inefficiencies in cross-border communication by ensuring sustainable maintenance of the e-CODEX system and 
improve efficiency by ensuring a wider use of the e-CODEX system. 

What is the value added of action at the EU level?  

A mechanism for the secure exchange of cross-border information in judicial proceedings is best achieved at EU 
level, since a universally accepted solution is needed. In the absence of EU action, there is a risk that Member 
States develop national systems independently, leading to a lack of interoperability between the systems. While 
maintenance  at  EU  level  entails  a  cost,  it  is  the  only  way  to  achieve  an  interoperable  system  for cross-border 
communication between judicial authorities.  

B. Solutions 

What  legislative  and  non-legislative  policy  options  have  been  considered?  Is  there  a  preferred 
choice or not? Why?  

Several legislative and non-legislative options were considered. Some options were discarded at an early stage: 
The creation of a separate legal entity was discarded since it would be disproportionate compared to the limited 
tasks  that  would  be  given  to  the  entity.  In  addition,  the  use  or  development  of  an  alternative  system  were 
discarded mainly since the current e-CODEX solution proved to be very effective and efficient for the procedures 
for which it is already used and it is reasonable to expect a return on the 24 million EUR invested in creating e-
CODEX. Also, a commercial solution would raise issues regarding long term sustainability and the confidentiality 
and  integrity  of  the  data  exchanged,  as  the  owner  of  the  solution  could  in  theory  have  access  to  the  data 
transferred  using  its  solution.  Handing  over  e-CODEX  to  a  Member  State  or  a  consortium  of  Member  States 
could  not  be  considered  since  Member  States  have  clearly  rejected  this  possibility.  Their  preference,  as 
expressed  in  several  Council  conclusions,  is  to  have  eu-LISA  ensure  the  further  evolutive  maintenance  of  e-
CODEX.   

Under  these  conditions,  two  options  were  assessed  against  the  baseline  scenario,  i.e.  that  no  permanent 

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maintenance is provided leading to the expiry of e-CODEX. Among these the option of handing over e-CODEX 
to  an  Agency  was  considered  most  appropriate.  The  alternative  option  to  have  the  Commission  ensure  the 
maintenance of e-CODEX was deemed less favourable since it would be more difficult to ensure Member State 
involvement in the governance of the system – which is something Member States consider important in order to 
guarantee the independence of the judiciary. An agency could also be a more flexible solution allowing to better 
take  into  account  the  input  from  stakeholders.  Among  the  existing  agencies,  the  European  Agency  for  the 
operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA) is the 
only one with relevant experience in managing large-scale IT systems and should therefore be given the task to 
manage  e-CODEX.  In  order  to  allow  for  the  adoption  of  a  legal  basis  for  e-CODEX,  as  well  as  to  ensure  an 
adequate  handover  process,  the  current  Member  State  consortium  or  a  new  entity  would  need  to  continue 
maintaining e-CODEX in the 2021-2023 period. 

Who supports which option?  

Member  States  have  expressed  strong  preference  for  handing  over  e-CODEX  to  an  agency  and  consider  eu-
LISA as the most appropriate one (most recently in Council conclusions adopted at the JHA Council in  October 
2020). 

Stakeholders representing the major legal professional organisations in Europe, have also expressed support for 
a  permanent  solution  for  the  e-CODEX  system.  Several  stakeholders  responding  to  the  inception  impact 
assessment consider eu-LISA as the most appropriate entity to manage the system. 

C. Impacts of the preferred option 

What are the benefits of the preferred option (if any, otherwise main ones)?  
As an essential IT system for the digitalisation of judicial cooperation, e-CODEX will simplify and speed up cross-
border  judicial  procedures.  By  improving  the  efficiency  of  cross-border  proceedings,  e-CODEX  would  also 
contribute to improving the functioning of the Digital Single Market. The use of e-CODEX would have a positive 
impact on the fight against cross-border crime by facilitating cooperation between judicial authorities in criminal 
matters. The efficiency of national courts could also increase as a result of digitalisation of procedures. 

An  EU  regulatory  agency  like  eu-LISA  will  have  the  capacity  to  ensure  the  long-term  maintenance  of  the  e-
CODEX system.  The Agency will be able to adopt governance procedures allowing rapid assimilation of needs 
emerging from different communities, including from the Member States and from users of e-CODEX. 

What are the costs of the preferred option (if any, otherwise main ones)?  
The takeover of the tasks currently carried out by the Member State e-CODEX consortium will entail costs for the 
EU  budget.  The  total  costs  for  2022-2027  amount  to  EUR  9.667  million  (average  cost  per  year  of  EUR  1.611 
million). The costs include the additional human resources required for the activities to be carried out by eu-LISA 
and by the Commission. At eu-LISA, the recruitment of internal resources  will start already  as of 1 September 
2022 with two CA posts. As from 1 January 2023, eu-LISA should have a total of 2 TAs and 3 CAs, which will 
ensure  core  functions  with  regard  to  e-CODEX.  Additionally,  the  Commission  (Directorate-General  for  Justice 
and  Consumers)  will  have  to  be  involved  in  providing  policy  governance  of  eu-LISA’s  work,  in  monitoring  the 
Agency,  and  in  preparing  the  necessary  implementing  acts  mandated  by  the  Regulation.  One  additional 
statutory post has been budgeted for this from 2022. 

How will businesses, SMEs and micro-enterprises be affected?  
SMEs and micro-enterprises will benefit from the digitalisation of judicial procedures enabled by e-CODEX. The 
possibility  to  submit  claims  to  courts  online,  for  instance  in  the  application  of  the  European  payment  order  or 
claims  under  the  European  small  claims  procedure,  will  save  costs  for  postage  and  lead  to  cost  savings  as  a 
result of more efficient and shorter procedures. There will be no additional costs for SMEs (or other operators) 
following the implementation of e-CODEX for a specific legal procedure. 

Will there be significant impacts on national budgets and administrations?  
Positive  impacts  on  national  judicial  authorities'  ability  to  cooperate  with  their  counterparts  in  other  Member 
States can be expected. For example, the e-CODEX system could facilitate the enforcement of unpaid fines for 
traffic offences against foreign residents. 

Installing  and  using  e-CODEX  will  entail  costs  for  those  Member  States  that  have  not  yet  done  so.  The  cost 

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should not exceed 80-100 person-days per deployment. 

Will there be other significant impacts? Max 6 lines  

The  further  extended  use  of  an  IT  system  like  e-CODEX  to  legal  procedures  could  save  natural  resources  by 
reducing  the  use  of  paper.  Less  use  of  transport  services  for  postal  delivery  could  also  have  positive 
environmental impact. A spill-over effect leading to digitalisation of the national administration is also expected, 
considering that the e-CODEX solution could be adopted domestically as well, not just for cross-border cases.  

D. Follow up 

When will the policy be reviewed? Maximum 4 lines  
Three  years  after  the  transfer  of  e-CODEX  to  eu-LISA  and  every  four  years  thereafter,  the  Commission  will 
conduct an evaluation of the extent to which it has been an effective solution. On the basis of this evaluation, the 
Commission will decide on the appropriate follow-up. 

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