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The European Union's new actions in the digital field are based on the Digital Europe financial programme for the period 2021-2027, which foresees initial funding of EUR 9.194 billion in its objectives. Following the EU action programme to combat the pandemic and its consequences, published on 17 April 2020, the new resilience and recovery funds, as well as the Horizon Europe programme, the new digital projects accelerate their implementation. The objective of digitisation, as is well known, together with the green pact and the more horizontal sustainability policy, constitute the objectives of the 2020-2030 decade in the European Union. It is about consolidating Europe's digital sovereignty and setting its own standards, with a clear focus on data, technology and infrastructure.
The outcome to be pursued is a digital Europe based on people; with a fair and sustainable digital economy in an open, democratic and sustainable society. The Commission recently presented the programmes Shaping Europe's Digital Future and Digital Compass. With them, it complements the efforts so far to achieve in all areas of the economy and life of European citizens an efficient level of digitisation based on the deployment of economic and organisational means, augmented by the mobility constraint of the pandemic. The digital day 2021The meeting, on 19 March, was an opportunity to review the objectives and for the European authorities to sign up to them.
In this context, the Union is making progress in three essential areas. Firstly, cybersecurity, then data governance (European Data Act), on the storage, re-use and exchange of non-personal data, which will require investment in tools and infrastructure to store and process data in Europe's cloud computing capacity. But the package comprising the digital services law (Digital Services Act) and digital market law (Digital Markets Act), which run in parallel and were initially adopted on 15 December 2020. All this together with the revision of the key digital law regulations: data protection (EU) 2016/679 and digital identity (EU) 910/2014.
Despite the importance of these instruments, none of them is the subject of special study in the field of civil justice, and their analysis corresponds, on the contrary, to other areas of the European organisational structure, such as Connect; Cybercompetitiveness and growth; research and innovation; consumers or the internal market.
The relationship with civil justice on issues such as jurisdiction or applicable law is only analysed by the Committee on Civil Law Matters, which has as one of its objectives the internal coherence of the European legal system in the field of judicial cooperation in civil matters.
Indeed, the approach moves away from traditional budgets. This is due to the need to resort to international parameters, so that in cybersecurity (Proposal for a NIS 2 Directive of 20 December 2020 on cybersecurity repealing Directive (EU) 2016/1148), we only find a reference to jurisdiction in Article 24. For its part, the Proposal for a Regulation on European data governance of 25 November 2020 provides for the transfer of public sector data for re-use, in cases where such data are subject to third party rights; the exchange of data between companies in exchange for some kind of remuneration; the transfer of personal data with the help of a "personal data intermediary", whose task will be to help individuals to exercise their rights under the General Data Protection Regulation (GDPR); and the transfer of data for altruistic purposes. Here we limit ourselves to Art. 25 on the right to effective remedy.
For its part, the law on digital services, a proposal for a regulation covering the amendment of multiple directives starting with the 2000/31/EC on electronic commerce, which has been in place for almost eleven years, is based on the implementation of digital justice, already well known in intellectual property and now being developed for platforms, especially large or systemic ones. These are references to Justice, theut of courtThe new e-Justice, Art. 28, without prejudice to Directive 2013/11/EU on electronic consumer ODR; the need to agree on jurisdiction by means of international agreements, Art. 40; or the reference to regulatory law rather than applicable law, which complement the new e-Justice, with difficult coordination with the legal basis provided by Art. 81 TFEU.
In parallel, civil justice is evolving in the use of digital tools. On the one hand, the approval of the Recast to Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 and 2020/1874, in the field of notifications based on the use of new technologies and videoconferencing, which makes the justice environment increasingly digital. The new recovery funds are primarily aimed at modernising the administration, especially the administration of justice across Europe and, to this end, an ambitious programme is being carried out for the development of e-Justice with the incorporation of e-Codexby adopting a regulation already under negotiation since 14 January 2021, following the presentation of the plan for the digitisation of justice at the end of the German Presidency. The aim is to integrate judicial procedures into e-Justice both in relation to the special order for payment and small claims procedures (R (EC) 861/2007 and R (EC) 1896/2006, consolidated on 14 June 2017, and the aforementioned new R. on service of process and taking of evidence. The amendment of e-Codex is therefore a milestone in the digitisation of justice. On the other hand, different proposals for incorporating artificial intelligence into Justice and the modernisation of mediation procedures at European level are analysed. An unstoppable change of design in which it must not be forgotten that the Charter of Fundamental Rights must preside over any digital process.