The way forward for the general use of electronic evidence in cross-border civil proceedings in the European Union

Abstract

The rapid development of modern communication technologies, the increased use of various means of long-distance communication, such as via videoconference, and direct access to innovative tools contributed to the changes in law and practice of cross-border evidence proceedings. In the recent years, the European Union’s institutions intensified their work on digitalisation of civil justice. In light of the Commission’s priority “Europe fit for the digital age,” various legal and policy initiatives were adopted to increase the use of digital tools in cross-border evidence proceeding. Communication on digitalisation of justice in the European Union provides with a new approach to the digitalisation of justice by proposing a “toolbox” of legal, financial and IT instruments. Taking of evidence and e-CODEX regulations propose new rules to simplify and accelerate cross-border evidence proceedings, offering enhanced use of modern means of long-distance communication and computerized system for e cross-border electronic exchange of data in the area of judicial cooperation. This paper examines the recent EU developments in the field of evidence in cross-border civil proceedings. It presents an evolution of electronic evidence from a theoretical concept into its practical application.