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Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation article 3 CELEX: 32023R2844 Means of communication between competent authorities
1. Communication pursuant to the legal acts listed in Annex I between competent authorities of different Member States, and, pursuant to the legal acts listed in Annex II, between competent authorities of different Member States and between a national competent authority and a Union body or agency, including the exchange of forms established by those acts, shall be carried out through a secure, efficient and reliable decentralised IT system. 2. Communication may, however, be carried out by competent authorities by alternative means where electronic communication in accordance with paragraph 1 is not possible due to: (a) the disruption of the decentralised IT system; (b) the physical or technical nature of the trans mitted material; or (c) force majeure. For the purposes of the first subparagraph, the competent authorities shall ensure that the alternative means of communication used are the swiftest and most appropriate and that they ensure a secure and reliable exchange of information. |
Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation article 3 CELEX: 32023R2844 3. In addition to the exceptions referred to in paragraph 2, where the use of the decentralised IT system is not appropriate in a given situation, any other means of communication may be used. Competent authorities shall ensure that the exchange of information under this paragraph occurs in a secure and reliable manner. 4. Paragraph 3 shall not apply to the exchange of forms provided for by the legal acts listed in Annexes I and II. In cases where the competent authorities of different Member States are present at the same location in a Member State for the purpose of assisting in the execution of judicial cooperation procedures under the legal acts listed in Annex II, they may exchange the forms through other appropriate means if it is necessary due to the urgency of the matter. Competent authorities shall ensure that the exchange of forms referred to in this subparagraph occurs in a secure and reliable manner. 5. This Article is without prejudice to applicable procedural provisions in Union and national law on admissibility of documents, with the exception of requirements related to the means of communication. |
Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation article 3 CELEX: 32023R2844 6. Each Member State may decide to use the decentralised IT system for communication between its national authorities in cases falling under the scope of the legal acts listed in Annex I or II. 7. Union bodies or agencies may decide to use the decentralised IT system for communication within the body or agency in cases falling under the scope of the legal acts listed in Annex II. |