Revising the Taking of Evidence Regulation [EU Legislation in Progress]

Written by Rafał Mańko (1st edition),

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© Yanukit / Fotolia

On 31 May 2018, the Commission proposed a proposal for a new regulation on taking of evidence in civil proceedings. It takes stock of the existing regulation (from 2001), but provides for a number of changes to remove legal uncertainty and to promote electronic communications. Parliament adopted its legislative resolution on the proposal on 13 February 2019. The main points of Parliament’s position include modifying the definition of the term ‘court’, to mean any authority in a Member State that is competent under the laws of that Member State to take evidence according to this regulation (i.e. not only judicial bodies). Parliament also considers that any decentralised information technology (IT) system for cross-border communication of evidence must be based on e-CODEX, and that the use of videoconferencing or any other appropriate distance communication technology should be subject to the consent of the person to be heard. Any electronic systems used to take evidence must also ensure that professional secrecy and legal professional privilege (lawyers’ secrets) are duly protected. The discussion in Council is ongoing, thus trilogue negotiations on the proposal have not yet been able to commence.


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