Interoperability solutions under Digital Single Market: European e-Justice rethought under e-Governance paradigm
The EU is in a post-crisis period and is trying to improve its economic performance. Digital Single Market (DSM) is a European policy to create digital solutions to promote the Union’s competitiveness in a globalised world. With regard to DSM strategy, e-Government and e-Justice are two closely connected areas. Since the EU is implementing administrative interoperability solutions, this can be used as a reference point for the path electronic justice is taking. European e-Justice must follow e-Government methods (based on interoperability solutions) so that effective judicial protection can be enhanced. Both concepts were aimed so Internal Market and protection of fundamental freedoms could be closely promoted. However, these can only be achieved when individuals and companies, facing litigation, have the proper means to be able to take part in proceedings, without extraordinary expenses or procedural insecurity. The European e-Justice Portal is the critical avenue to accomplish those goals but its impact on litigation on a day-to-day basis (before the CJEU and national courts) must be re-thought so digital solutions can efficiently bring people closer to justice. This paper offers a new perspective on administrative interoperability in order to understand if judicial interoperability is the way to deepen e-Justice goals.