Debate: The importance of civil justice for the economic recovery post COVID-
Date: WEDNESDAY, 19 MAY 2021
Speaker: Didier Reynders
Language: EN

The Commission and Parliament share the same objective of having efficient, low-cost and modern civil procedures in the European Union. The Commission has already taken, and will further take, a number of initiatives to speed up civil procedures. To this end, we have taken careful note of Parliament’s resolutions on current minimum standards of civil procedure in the European Union and on expedited settlement of commercial disputes. There are a number of recently-adopted or upcoming initiatives which serve the aim of Parliament’s resolution. EU law already provides for a number of affordable and simple European procedures, such as the European small claims procedure. Moreover, better enforcement of existing EU law is key for ensuring fast cross-border civil procedures. The European Judicial Network in civil and commercial matters provides information and guidance to the Member States’ courts and authorities, practitioners and citizens alike. All this is available online via the e-Justice Portal. The Commission’s aim is to promote speedier procedures also at global level, since economic relations go beyond EU borders. This year we intend to put forward a proposal for the EU accession to the 2019 worldwide Hague Judgments Convention. This would provide legal certainty to EU citizens and businesses and help EU companies to settle civil and commercial disputes in the global context. As regards digitalisation of justice, the Commission has already taken some steps. For example, in the field of civil justice, two key instruments on digitalisation were adopted in November 2020 – the new Service of Documents and the Taking of Evidence regulations. And I should mention the excellent cooperation of Parliament on both instruments. However, the current crisis has confirmed the great need for further speeding up of electronic communications and paperless management of both domestic and cross-border judicial cases. This is why the work on digitalisation will continue, as announced in the Commission work programme for 2021, with the intention to adopt by the end of this year a legislative proposal on the digitalisation of cross-border judicial cooperation in civil and criminal law matters. This initiative will aim to improve access to justice by allowing citizens and businesses to fill follow up on claims electronically. It will also seek to introduce the use of the digital communication channel between the competent national authorities in both civil and criminal cross-border proceedings. Since the onset of the COVID-19 crisis, the Commission has monitored the measures taken by the Member States as a response to the crisis. This monitoring covers both civil procedures in general and insolvency proceedings in particular. All this information has been published on the European e—Justice Portal and made available to courts, practitioners, citizens and companies. The recent adoption of the Restructuring and Insolvency Directive, which is currently being transposed by the Member States, will be of key importance, specifically in the context of the COVID-19 crisis and its aftermath. This Directive will lead to the introduction of efficient procedures in all Member States, allowing the restructuring of companies in financial difficulties, which have a prospect for return to viability without having to undergo insolvency proceedings. It will further enhance the efficiency of restructuring and insolvency proceedings, notably by requiring the availability of electronic means of communications. The Commission, through the Technical Support Instrument, stands ready to support Member States in a number of areas. Such support aims to improve civil justice, enhance the digitalisation of insolvency proceedings and ensure an effective and efficient implementation of the insolvency framework. It also aims to address rising levels of non-performing loans in line with the 2020 Commission Communication on this matter. The Recovery and Resilience Facility will support concrete reforms and investment in civil justice systems in the context of the Recovery and Resilience Plans of the Member States. This includes investments to improve both physical and digital infrastructure, to improve transparency, the collection of data and the secure handling of sensitive data, and to increase efficiency of digital justice services to citizens and business. It also includes capacity-building in public administrations and, of course, the justice sector: reforms to streamline court procedures, reforms of insolvency frameworks and development of alternative dispute mechanisms. So we will continue to work with such a kind of rhythm to try to take into account the resolutions of Parliament, of course, but also to take into account the consequence of the COVID-19 crisis, and we have seen that there is a real importance to go further with some kind of reform. And certainly I insist on it, because it may be the main issue for us in the Recovery and Resilience Facility: the investment in digitalisation of justice. Of course I am pleased to listen to your comments and maybe to see if it’s possible to continue to work at the same rhythm and the same intensity together.