1. EU-Evidence Regulation – E-Justice
RA Dr. Bartosz Sujecki
Advocaat & Rechtsanwalt

2. Program Background and practical examples
Legal basis for electronic documents as evidence
Examples of national procedural rules
Practical application

3. Background and practical examples
What is e-justice?
Use of technology to support
E-communication
E-documents
E-filing
Video conferences
Use of technology for decision making?
European Order for Payment

4. E-evidence in the EU Legal issues Practical issues
Regulation in the procedural rules
Independence of justice?
Practical issues
Standards
Technical equipment
Budget

5. E-Justice and evidence
E-documents
Origin?
Manipulation?
E-files
Access?
Technical problem?
E-Communication?
Standards?
Unification?

6. Hague Convention of Evidence
Use of electronic communication?
Art. 9:
is the state where the evidence is taken allows such measures;
or such a measure does not comply with the applicable rules of the Member State or the technology standards
Lack of national rules

7. Legal basis in the Evidence Regulation
Article 10 section 4
Request
Usage of communication technology
Compatible with the laws of the Member State of the requested court
No major practical difficulties
Access to technical means

8. National rules The Netherlands Germany
Electronic communication between parties and court, article 33 CCP
E-database: Roljournaal
KEI
Germany
BeA
§ 128a German CCP – Video conferences
§ 130a German CCP – electronic document
§ 371a German CCP – evidence of electronic documents

9. Practical application
The Netherlands

10. Questions

11. Bavelaar & Bavelaar Advocaten Rechtsanwälte
Thank you !
Bavelaar & Bavelaar Advocaten Rechtsanwälte
Herengracht 493
1017 BT Amsterdam
Nederland