Participation in a hearing through videoconferencing or other distance communication technology in civil and commercial matters
1. Without prejudice to specific provisions regulating the use of videoconferencing or other distance communication technology in proceedings under Regulations (EC) No 861/2007, (EU) No 655/2014 and (EU) 2020/1783, and at the request of a party or their representative or, where provided for under national law, on its own initiative, in proceedings in civil and commercial matters where one of the parties or their representative is present in another Member State, the competent authority shall decide on the participation of the parties and their representatives in a hearing through videoconferencing or other distance communication technology, on the basis of:
(a)
the availability of such technology;
(b)
the opinion of the parties to the proceedings on the use of such technology; and
(c)
the appropriateness of the use of such technology in the specific circumstances of the case.
2. The competent authority conducting the hearing shall ensure that the parties and their representatives, including persons with disabilities, have access to the videoconference for the hearing.
3. Where the recording of hearings is provided for under the national law of the Member State in which the proceedings take place, the same rules shall apply to hearings conducted through videoconferencing or other distance communication technology. The Member State in which the proceedings take place shall take appropriate measures in accordance with national law to ensure that such recordings are made and stored in a secure manner and not publicly disseminated.
4. Without prejudice to paragraphs 1, 2 and 3, the procedure for hearings through videoconferencing or other distance communication technology shall be regulated by the national law of the Member State conducting the hearing.
Hearing through videoconferencing or other distance communication technology in criminal matters
1. This Article shall apply in proceedings under the following legal acts:
(a)
Council Framework Decision 2002/584/JHA ( 42 ) , in particular Article 18(1)(a) thereof;
(b)
Framework Decision 2008/909/JHA, in particular Article 6(3) thereof;
(c)
Framework Decision 2008/947/JHA, in particular Article 17(4) thereof;
(d)
Framework Decision 2009/829/JHA, in particular Article 19(4) thereof;
(e)
Directive 2011/99/EU of the European Parliament and of the Council ( 43 ) , in particular Article 6(4) thereof;
(f)
Regulation (EU) 2018/1805, in particular Article 33(1) thereof.
2. Where the competent authority of a Member State requests (the ‘requesting competent authority’) the hearing of a suspect or an accused or convicted person, or an affected person, as defined in Article 2, point 10 of Regulation (EU) 2018/1805, other than a suspect or an accused or convicted person, present in another Member State in proceedings under the legal acts listed in paragraph 1 of this Article, the competent authority of that other Member State (the ‘requested competent authority’) shall allow such persons to participate in the hearing through videoconferencing or other distance communication technology, provided that:
(a)
the particular circumstances of the case justify the use of such technology; and
(b)
the suspect, the accused or convicted person or the affected person has given consent for the use of videoconferencing or other distance communication technology for that hearing in accordance with the requirements referred to in the second, third and fourth subparagraphs of this paragraph.
Before giving consent for the use of videoconferencing or other distance communication technology, the suspect or the accused person shall have the possibility of seeking the advice of a lawyer in accordance with Directive 2013/48/EU. Competent authorities shall provide the person that is to be heard with information about the procedure for conducting a hearing through videoconferencing or other distance communication technology, as well as about their procedural rights, including the right to interpretation and the right of access to a lawyer before the consent is given.
The consent shall be given voluntarily and unequivocally, and the requesting competent authority shall verify that consent prior to starting such hearing. Verification of the consent shall be recorded in the records of the hearing in accordance with the national law of the requesting Member State.
Without prejudice to the principle of a fair trial and the right to a legal remedy under national procedural law, the competent authority may decide not to seek the consent of the persons referred to in point (b) of the first subparagraph of this paragraph where participation in a hearing in person poses a serious threat to public security or public health which is shown to be genuine and present or foreseeable.
3. The requested competent authority shall ensure that the persons referred to in paragraph 2, including persons with disabilities, have access to the necessary infrastructure to use videoconferencing or other distance communication technology.
4. This Article is without prejudice to other Union legal acts that provide for the use of videoconferencing or other distance communication technology in criminal matters.
5. The confidentiality of communication between a suspect, an accused or convicted person or an affected person and their lawyer before and during the hearing through videoconferencing or other distance communication technology shall be ensured in accordance with applicable national law.
6. Before hearing a child through videoconferencing or other distance communication technology, holders of parental responsibility as defined in Article 3, point (2) of Directive (EU) 2016/800 or another appropriate adult as referred to in Article 5(2) of that Directive shall be informed promptly. When deciding whether to hear a child through videoconferencing or other distance communication technology, the competent authority shall take into account the best interests of the child.
7. Where the recording of hearings is provided for under the national law of a Member State for domestic cases, the same rules shall apply to hearings conducted through videoconferencing or other distance communication technology in cross-border cases. The requesting Member State shall take appropriate measures in accordance with national law to ensure that such recordings are made and stored in a secure manner and not publicly disseminated.
8. A suspect, an accused or convicted person or an affected person shall, in the event of a breach of the requirements or guarantees provided for in this Article, have the possibility of seeking an effective remedy, in accordance with national law and in full respect of the Charter.
9. Without prejudice to paragraphs 1 to 8, the procedure for conducting a hearing through videoconferencing or other distance communication technology shall be regulated by the national law of the requesting Member State. The requesting and requested competent authorities shall agree on the practical arrangements for the hearing.
