e-CODEX: the new frontiers of integration among e-Justice platforms Giampiero Lupo Research Institute on Judicial Systems (IRSIG-CNR) National Research Council of Italy Improvement of the Electronic Court Register Information System (ECRIS) June Bucharest

Large-scale pilot project co-funded by the EU Commission and coordinated by the Ministry of Justice of the German Land Nordrhein-Westfalen Infrastructure for the exchange of judicial data Project duration: 65 months with a budget of €24m (EU contribution: €12m), runs from Dec 2010 to May countries (22 by the end of the project) mainly through their Ministries of Justice or their representatives, and institutions such as the CCBE The Project

Project Governance

Analysis of transport infrastructure of existing Large Scale Pilots (convergence) Analysis of existing building blocks (PEPPOL, SPOCS, STORK) Selection of reusable building blocks Analysis and selection of standards (OASIS ebMS protocol, ETSI REM standards) Circle of Trust Agreement Selection of use-cases (Civil and Criminal) BPM: map of the requirements for the exchange of documents First Pilot and Go-Live: European Payment Order Story of the Project

Civil use cases – EU Small Claims Procedure – European Payment Order Procedure Criminal Use Cases – Mutual Legal Assistance for criminal law – Mutual Recognition of Custodial Sentences – Financial Penalties – European Arrest Warrant Synchronous Communications – Business Registers Creation of interoperability layer that connects different national information systems and infrastructures Objectives and Use- cases

e-Codex Building Blocks

e-Codex and EPO EPO claim filed through the local national system (service provider) Connector – Translates document’s national standards to e-CODEX standards – Security check function (signature verification) Gateway – Links to other member state’s gateway – Encryption – Ads a timestamp or acknowledgment of receipt for incoming messages Five European countries have activated the pilot phase, Austria, Greece, Germany, Estonia and Italy

e-Codex and EPO (Italy) EPO claim filed through Austrian System AT connector translates in e-Codex standards IT connector translates in PCT standards Courts staff and judge manages the claim through PCT

e-Codex and EPO Scarce distribution of the system, decentralization, inequality of access Only one court in Italy receives claims through e- CODEX (one jurisdiction) European e-Justice portal activation Modeling of the system only inscribing technology into the norm EPO procedure scarcely utilized: legal interoperability partially addressed

EPO “Issues” A simulation of EPO forms’ filing has been conducted involving the Consumer Protection Cooperation Network (GY Ng, 2014). Issues faced: – Identify attackable assets – Describe documents that the user has in support of a claim (semantic) – Calculate interest – Choose the right jurisdiction – Pay court fees – Notification of documents to the defendant

An example A parallel change of technology, norms and practices with the objective of improving the flow of legal agency E-Codex technology connects EU and IT service providers Italian parliament approves the norm that provides for the creation of a unique jurisdiction for incoming EPO EPO regulation is modified, strictly disciplining the rules for notification of documents

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