Vastus pöördumisele

Välisministeerium Meie 01.05.2026 nr 7-1/3531 [email protected] Islandi väljak 1 15049, Tallinn Justiits- ja Digiministeeriumi vastus Euroopa Komisjoni päringule DLGE(2025)11108 Euroopa Parlamendi ja Nõukogu määruse (EL) 2023/2844 rakendamise kohta 3. märtsil 2026. aastal edastas Välisministeerium Euroopa Komisjonilt (edaspidi komisjon) saabunud päringu, mis puudutab määruse (EL) 2023/2844 (digipööre õigusalase koostöö ning piiriüleste tsiviil-, kaubandus- ja kriminaalasjadega seotud õiguskaitse kättesaadavuse vallas) rakendamist. Komisjon palub esitada ülevaate määruse (EL) 2023/2844 artiklite 5 ja 6 ning artikli 11 lõike 1 rakendamise kohta. Täpsemalt palub komisjon seoses artiklite 5 ja 6 rakendamisega esitada teabe riigisisese õiguse kohta, mis reguleerib videokonverentsi ja muu kaugsidetehnoloogia kasutamist tsiviil- ja kriminaalmenetluses, eelkõige kohtuistungite korraldamisel. Lisaks soovib komisjon seoses artikli 11 lõike 1 rakendamisega teavet asjaomastele õigusvaldkonna töötajatele ja pädevatele asutustele pakutavate või kavandatud koolituste kohta, mis käsitlevad videokonverentsi ja muu kaugsidetehnoloogia ning detsentraliseeritud IT-süsteemi kasutamist. Sealhulgas palutakse välja tuua vastutajad selliste koolituste pakkumise või planeerimise eest asjaomastele õigusvaldkonna esindajatele koos koolituste arvu ja teemadega. Esmalt kinnitame, et Justiits- ja Digiministeerium peab määruse (EL) 2023/2844 eesmärkide saavutamist oluliseks ning töötame selle nimel, et tõhustada õigusalase koostöö ja õiguskaitse kättesaadavust Euroopa Liidus. Koostöös oma valdkonna ekspertidega saadame komisjoni päringule vastuseks väljavõtte menetlusseadustike sätetest, mis reguleerivad videokonverentsi ja muu kaugsidetehnoloogia teel kohtuistungite korraldamist tsiviil- ja kriminaalmenetluses (lisa 1). Lisaks saadame ülevaate kohtunikele, prokuröridele ja muudele õigusvaldkonna töötajatele suunatud koolituste korraldamisest, sealhulgas pakutavate ja kavandatud koolituste kohta, mis käsitlevad videokonverentsi ja muu kaugsidetehnoloogia ning detsentraliseeritud IT-süsteemi kasutamist (lisa 2). Kui on tarvis täiendavat teavet eelpool nimetatud menetlusseadustike ja koolitustegevuste kohta, siis palun võtke julgelt ühendust kohtute talituse nõuniku Mari Kirsiga ([email protected]) või Euroopa Liidu asjade nõuniku Reet Kasega ([email protected]). Lugupidamisega (allkirjastatud digitaalselt) Liisa-Ly Pakosta justiits- ja digiminister Lisa 1: väljavõte määruse (EL) 2023/2844 artiklis 5 ja 6 nimetatud riigisisese õiguse kohta Suur-Ameerika 1 / 10122 Tallinn / +372 620 8100 / [email protected]/ www.justdigi.ee Registrikood 70000898 Lisa 2: ülevaade määruse (EL) 2023/2844 artikli 11 lõikes 1 nimetatud koolitustegevuste kohta Mari Kirs 5429 0114 [email protected] 2  LISA 1 Provisions on videoconferencing for hearings in civil and criminal proceedings 1. Civil proceedings In civil proceedings, the use of videoconferencing for hearings is regulated by the Code of Civil Procedure.1 The possibility to hold a trial or hearing with distance participation is provided for in Section 350 of the Code of Civil Procedure. This section gives the court the right to hold a trial or hearing with distance participation in civil proceedings at all instances and in all civil matters. All courthouses have video conference systems that allow a trial or a hearing to be held with distance participation. A trial or a hearing can also be held with distance participation in cross-border matters. We hereby provide you with the exact text of the provision. § 350. Trial or hearing with distance participation (1) The court may hold a trial or hearing with distance participation such that it is possible for a party or their representative or adviser to be off-venue during the time of the trial or hearing and perform procedural operations in real time from the off-venue location. (2) A witness or expert may also be heard by the method mentioned in subsection 1 of this section, and the party who is off-venue may put questions to them. (3) In a trial or hearing held with distance participation, the right of every party to proceedings to make representations, motions and applications and to formulate its opinion on the representations, motions and applications of other parties must be guaranteed in a technically secure manner, as must any other conditions at the trial or hearing when transmitted in real time, in both image and sound, from the party off-venue to the court and vice versa. With the consent of the principal parties and the witness and, in action-by-petition proceedings, with the sole consent of the witness, the witness may be examined by telephone under the rules for trials or hearings with distance participation. (4) The minister in charge of the policy sector may enact specific technical requirements for conducting a trial or hearing with distance participation. 2. Criminal proceedings In criminal proceedings, the regulation of audio-visual distance interviewing or examination of a person is provided by the Code of Criminal Procedure2, with the relevant provision set out in Section 69, 468, and 48941 of the Code. 1 The Code of Civil Procedure https://www.riigiteataja.ee/en/eli/510042025001/consolide 2 The Code of Criminal Procedure https://www.riigiteataja.ee/en/eli/529122025005/consolide 1 LISA 1 In addition, it should be noted that a draft legislation on amendments to the Code of Criminal Procedure (560 SE) passed the first reading in the Riigikogu, the Estonian Parliament.3 As part of the proposed changes, Section 14-1 would be added to the general part of the Code of Criminal Procedure. This provision would establish a broader framework for conducting court hearings via video link. While the current provisions refer only to conducting interviews via video conference, the proposed amendment would be broader, enabling full participation in court hearings via video, provided that this does not conflict with the public interest and the rights of defence of a suspect and defendant are ensured. We hereby provide you with the exact text of Sections 69, 468, and 48914 of the Code of Criminal Procedure, as well as the preliminary draft text of the proposed Section 141. § 69. Distance interview or distance examination (1) The proceedings authority may arrange a distance interview or examination of a person if interviewing or examining the person first-hand is complicated or unreasonably burdensome or if the distance interview or examination is necessary for protecting the person’s interests. (2) For the purposes of this Code, distance interview or examination means an interview or examination: 1) by means of a technical solution as a result of which the statement or testimony of the person interviewed or examined is seen and heard directly via live streaming, and questions can be put to the person; 2) by telephone, as a result of which the statement or testimony of the person interviewed or examined is heard directly by live streaming, and questions can be put to the person. (3) [Repealed – RT I, 06.05.2020, 1 - entry into force 07.05.2020] (4) A note is recorded in the report of the distance interview or examination regarding the cautioning of the witness against refusing to give a statement or testimony without a statutory basis and against making a knowingly false statement or giving knowingly false testimony. (5) Where the interviewing or examining of a person who is found in a foreign State requires the assistance of a judicial authority of the foreign State, the provisions of § 48941 of this Code are followed if the interview or examination takes place under a cooperative arrangement between the Member States of the European Union, whereas the provisions of § 468 of this Code are followed in other situations. (6) The Minister in charge of the policy sector may enact more specific requirements for arranging distance interviews or distance examination. § 468. Distance interviewing or examination of a person present in a foreign State (1) Distance interviewing or examination of a person present in a foreign State may be requested on the grounds provided by subsection 1 of § 69 of this Code. The request states the reasons for 3 https://www.riigikogu.ee/tegevus/eelnoud/eelnou/62fde454-6c94-4c0b-a555- e6e663ebba09/kriminaalmenetluse-seadustiku-ja-teiste-seaduste-muutmise-seadus-kohtumenetluse- optimeerimine-ja-kohtulahendite-avalikkus/ (in Estonian) 2 LISA 1 distance interviewing or examination the person, the name and procedural role of the person to be interviewed or examined, and the position title and name of the person to conduct the interview or examination. (2) Where audio-visual distance interviewing or examination is requested, the request must contain an affirmation that the suspect or accused to be interviewed or examined agrees to undertake the distance interview or examination. (3) Where distance interviewing or examination by telephone is requested, the request must contain an affirmation that the witness or expert to be interviewed or examined agrees to such a distance interview or examination. (4) Distance interviewing or examination of a suspect or accused by telephone is not allowed. (5) Distance interviewing or examination is presided over and directed by a representative of the competent judicial authority of the requesting State according to the procedural law of that state. The summoning of persons to the distance interview or examination is based on the procedural law of the requested State. The person being interviewed or examined may base a refusal to give a statement or testimony also on the procedural law of the requested State. (6) The competent judicial authority of the requested State to arrange the distance interview or examination: 1) determines and provides notification of the time of such an interview or examination; 2) ensures that the person to be interviewed or examined is summoned to and appears for the interview or examination; 3) is responsible for verifying the identity of the person interviewed or examined; 4) is responsible for observance of the laws of the State it represents; 5) where this is needed, ensures the participation of an interpreter. (7) A distance interview or examination is recorded by the competent judicial authority of the requesting State, but may additionally be recorded by the competent judicial authority of the requested State. (8) The report of an audio-visual distance interview or examination is filed by the competent judicial authority of the requested State. The report of a distance interview or examination held by telephone is filed by the competent judicial authority of the requesting State. (9) The report of a distance interview or examination states: 1) the time and place of the distance interview or examination; 2) the form of the distance interview or examination and the names of the technical devices used; 3) a reference to the request for assistance that served as the ground for the distance interview or examination; 4) the names of the representatives of the competent judicial authorities of the requesting State and of the requested State who participated in the distance interview or examination; 3 LISA 1 5) the procedural role of the person interviewed or examined and their name, personal identification number or, if the person does not possess such a number, their date of birth, residence or seat and address as well as their telecommunications number or e-mail address; 6) a note concerning the provision of an explanation to the person interviewed or examined concerning their rights; 7) an acknowledgement by the person interviewed or examined that they have been cautioned concerning the liability that attaches to refusing to give statements or testimony and to the giving of knowingly false statements, or that they have taken an oath concerning the statements or testimony, should such an obligation be prescribed by procedural law. § 48941. Distance interviewing or distance examination of persons who are in the territory of a foreign State (1) Where a European Investigation Order is issued for the distance interviewing or examination by means of an audiovisual technical solution – as a witness, an expert, the suspect or accused – of a person who is in the territory of a foreign State, or for the distance interviewing or examination of such a person by telephone as a witness or an expert, the provisions of § 69 of this Code apply without prejudice to special rules provided by this Division. (2) Audiovisual distance interviewing or examination of a suspect or accused is permitted only subject to their consent. If the suspect or accused does not give their consent for such interviewing or examination, execution of the European Investigation Order mentioned in subsection 1 of this section may be refused. (3) Specific rules for the distance interviewing or examination of a person and, where this is needed, measures required for their protection are agreed between the competent authorities of the requesting and the requested State. The competent authority of the requested State is required to: 1) notify the witness or expert concerned of the time and place of the interview or examination according to its national law; 2) having regard to the procedural provisions of the requesting State and providing notification, at a proper time, to the suspect or accused, of the rights they have under the law of the requesting State, summon the suspect or accused to the distance interview or examination; 3) ensure identification of the person to be interviewed or examined; 4) where this is needed, ensure the participation of an interpreter in the interview or examination; 5) ensure that fundamental principles of the law of the requested State are not infringed during the distance interview or examination and, if an infringement is detected, immediately take measures to eliminate it. (4) The distance interview or examination is conducted by or under the direction of the competent authority of the requesting State, having regard to the procedural provisions of that 4 LISA 1 state. The interview or examination is also attended by a representative of the competent authority of the requested State. (5) Before the distance interview or examination, the suspect or accused is notified of the rights they have according to the law of either the requested or the requesting State. Before the interview or examination, the witness or expert is notified of their right, which they have according to the law of either the requested or the requesting State, to refuse to give statements or testimony. If the person who is interviewed or examined is required to give a statement or testimony but refuses to do so or gives a false statement or false testimony, the requested State follows its procedural provisions. (6) A representative of the competent authority of the requested State records the following particulars in the report of the distance interview or examination: 1) the time and place of the interview or examination; 2) the procedural role of the person interviewed or examined and their name, personal identification number or, if they do not possess one, their date of birth, residence or seat, address, as well as their telecommunications number or e-mail address; 3) the particulars and position of the representative or representatives of the competent authority of the requested State who attended the interview or examination; 4) the form of the interview or examination and the technical devices used; 5) an acknowledgement by the person interviewed or examined that they were cautioned about the liability that attaches to a refusal to give statements or testimony and to knowingly making a false statement or giving false testimony, or that they took an oath concerning the statements or testimony, if the procedural law prescribes such an obligation. § 141. Conduct of court hearings via video (1) The court may hold hearings in all instances, including for the resolution of all matters within the competence of an investigating judge and a judge of enforcement proceedings, via video, provided that this does not conflict with the public interest and the rights of defence of a suspect and defendant are ensured. (2) For the purposes of this Code, conducting a court hearing via video means a situation in which a judge or a participant in the hearing is not physically present in the courtroom but communicates with other participants in real time using a technical solution enabling two-way transmission of audio and video. (3) The court may require a procedural participant or other person to participate in a hearing via video link if this would help avoid delays in the court proceedings and the conditions set out in subsection (1) of this section are met. (4) The court may require a defendant to participate in a hearing via video in general proceedings only if, without such participation, there is a risk that it would not be possible to render a final decision in the criminal case within a reasonable time, the conditions set out in 5 LISA 1 subsection (1) of this section are met, and the defendant has access to or is provided with the necessary technical solution. (5) Where the court holds a hearing via video, the courthouse must ensure that procedural participants are able to participate in the hearing and that a reasonable number of members of the public are able to observe the proceedings. A procedural participant detained in a custodial institution may be provided with the necessary technical means to participate in the hearing within that institution. (6) For the purpose of maintaining order during the hearing, the court may interrupt the transmission of audio or video from the device of a person causing a disturbance or terminate the video connection with such person. Where the court terminates the video connection due to disorderly conduct, that person shall be deemed to have been removed from the courtroom within the meaning of § 267(1)(1) of this Code. 6  LISA 2 Information regarding the training referred to in Article 11 (1) of the Regulation  Judges The training strategy and annual training program for judges are drafted by the Supreme Court and approved by the Judicial Training Council, which is one of the judges’ self-governance bodies.1 In addition to judges, it is comprised of representatives of the Prosecutor’s Office, the Ministry of Justice and Digital Affairs, and the University of Tartu. Training of judges is regulated under Section 44 of the Courts Act.2 Training is based on the strategies for training of judges, annual training programs and the program for judgeship examination.3 The training needs and results of the assessment of the effect of the training are considered when preparing training programs. For assessing the training needs and the effects of the training, all available sources of information about the court system are applied. Those sources are, above all, communication with judges and court officials, also with other persons and institutions which have contacts with courts, feedback on trainings, case law analyses, questionnaires, researches etc.4 The aim of training judges is to improve and update their professional knowledge and skills. Training includes mostly legal training and skills training. Legal training is divided into training for civil judges, criminal judges, and administrative law judges. If judges are interested, they can participate in training in other areas as well. Additionally, law clerks, consultants, advisers, and assistant judges can attend judges’ training. It is also considered important to include prosecutors and attorneys in legal training. If there are openings, officials of the Ministry of Justice and Digital Affairs, the Office of the Chancellor of Justice, and the Chancellery of the Estonian Parliament may sometimes also participate in judges’ training. The annual training plan sets out the subjects of the training, the lecturers and the duration of the training. Lecturers are acknowledged specialists from Estonia and abroad. Additionally, judges can also participate in training courses abroad offered through the European Judicial Training Network (EJTN). 1 Training of Judges https://www.riigikohus.ee/en/training-judges 2 Courts Act https://www.riigiteataja.ee/en/eli/ee/521032025001/consolide/current 3 Training strategy and annual training programs (in Estonian) https://www.riigikohus.ee/et/kohtunike-omavalitsuskogud/koolitusnoukogu 4 Methodology for identifying training needs among judges and analysing training outcomes (in Estonian). https://www.riigikohus.ee/sites/default/files/3.%20V%C3%A4lisveebi%20sisu%20materjalid/Kohtunike%20koo litusvajaduse%20v%C3%A4ljaselgitamise%20ja%20koolituse%20tulemuste%20anal%C3%BC%C3%BCsimise %20metoodika_kinnitatud_28-04-2025.pdf 1 LISA 2 The judges’ training strategy for 2025–2027 is based on the previous training strategy for 2021– 20245, Estonian judges’ Code of Ethics6, and the values of Estonian courts.7 It is also based on the guidelines for judicial training of relevant international organizations. Given the growth of digital proceedings and technological developments, the judicial training strategy emphasizes the importance of supporting the development of judges’ IT skills. To develop digital competences, the strategy sets out that: I. judges’ skills and knowledge of technological developments are kept up-to-date; II. judges are offered the opportunity to participate in discussions and training on conducting virtual court sessions; III. judges’ participation in artificial intelligence training (including abroad) is supported; IV. training on cybercrime is organized. To use digital technology successfully, several training courses on legal information databases have been organized. These courses incorporate practical exercises to develop users’ skills in navigating and utilizing databases such as EU-Lex, HUDOC, CURIA, xLaw, and the KS platform, as well as other search engines essential for judicial work. To ensure that judges have immediate access to essential training materials upon assuming office, a digital gateway in Moodle has been introduced for new judges. The digital gateway allows judges to independently complete six courses which among other things cover topics such as the digital case, document metadata and its deletion, as well as template creation and keyword search within the Court Information System. Additionally, training courses on work processes and team management have also covered the capabilities of the Court Information System, an information management system used by Estonian courts, as well as the use of various templates that help simplify work. In 2023, the search functionality of the judges’ training website’s video library and training materials was improved with the creation of a search engine, allowing all recordings, slides, and other resources to be easily located by subject area. The judicial training website (password protected and accessible only to judges and judicial clerks who work in the court system) currently hosts a total of 137 training videos. Of these, 31 were added in 2023, 15 were added in 2024, 14 were added in 2025, and 11 have been added in 2026. The video collection is continuously expanding. The cooperation project “Baltic Network of EU Law Experts” commenced between the Supreme Court of Estonia, the European Academy of Law, and partners from Latvia and Lithuania. As part of the project, two online training courses were held in 2024, focusing on the 5 Training strategy 2021–2024 (in Estonian) https://www.riigikohus.ee/sites/default/files/3.%20V%C3%A4lisveebi%20sisu%20materjalid/Kohtunike%20koo lituse%20strateegia_2021-2024.pdf 6 Estonian Judges’ Code of Ethics https://www.riigikohus.ee/en/estonian-court-system/estonian-judges-code- ethics 7 https://www.kohus.ee/en/estonian-courts/estonian-court-system 2 LISA 2 online tools of the European Union Agency for Fundamental Rights (FRA), and legal databases (EUR-Lex, CURIA, HUDOC, etc). Furthermore, in 2025 two webinars were also held within the framework of the project. Webinar on “Digital Skills: Focus on Electronic Evidence” addressed issues related to the collection and use of digital evidence in criminal proceedings, while the other webinar introduced the European Criminal Records Information Systems (ECRIS), and its use. In addition to the above, training was provided in 2025, where the operating principles of large language models (artificial intelligence) were introduced, as well as methodological aspects of process analysis and automation, followed by practical exercises. Training courses on legal information databases, as well as law and technology are also planned for this year to develop judges’ knowledge and skills in the use of AI in the administration of justice.8 At the most recent meeting of the Judicial Training Council on 16 February 2026, it was decided to support the development of AI capabilities within the court system, and organize training sessions in 2026–2027. As part of a pilot project, Copilot training session will be held for all judges of Pärnu District Court in April 2026. The aim of the training is to teach judges how to use the capabilities of MS365 and to gather feedback on the needs of the court system. In addition, the Supreme Court provides AI training for its staff and is planning to purchase Copilot licenses for court work. For the decentralized IT system, we have offered training sessions organized by the Commission to internal court trainers and made Commission’s video materials available to all users. Additional training session in Estonian for courts was held in April 2026. Access to video content will be shared with notaries. During the last five years, 57% of training sessions were held in person, 13% online, and 30% in hybrid format. Last year, the corresponding figures were respectively 68% in person, 3% online, and 29% in hybrid format.  Other court officials Strategic documents that set training priorities for other court officials include the Estonian Courts Development Plan 2024–20309, and the judicial training strategy for 2025–2027. To provide support to judges and help ensure high-quality justice, court officials must also receive training on topics related to digitalization. Each year, a centralized training plan is prepared for court officials, covering the following training activities:  Virtual spaces and MS Teams for virtual court sessions (target group: all court officials, including judges);  Audio recording software Salme and court session equipment user training (target group: mainly court secretaries); 8 Training program for 2026 (in Estonian) https://www.riigikohus.ee/sites/default/files/Koolitusn%C3%B5ukogu/Koolitusprogramm%202026.pdf 9 Estonian Courts Development Plan 2024–2030 (in Estonian) https://www.kohus.ee/dokumendid-ja- vormid/esimese-ja-teise-astme-kohtute-arengukava 3 LISA 2  Court Information System user training (target group: all court officials, including judges);  Training in basic skills in using AI (target group: all court officials). Training is provided on a need basis, either on-site at court houses or online, and includes participants from different courts. Trainers from the court system are primarily used, alongside specialists from IT development center, such as the Centre of Registers and Information Systems (RIK), and the Estonian Information and Communication Technology Centre (RIT).  Prosecutors Training of prosecutors is based on annual training programs. The training program of the Prosecutor’s Office is developed on an annual basis. Each year, the training program for the following year must be finalized by 1 October. Training needs within the Prosecutor’s Office are primarily identified during performance assessment interviews with prosecutors and other staff members. These discussions provide valuable insight into both individual and organizational development priorities. In addition, training needs may also arise from other sources, such as upcoming legislative amendments, new directives, and the priorities of the Prosecutor’s Office. The training plan is reviewed and approved by the Prosecutor’s Office Training Council. Its preparation, including collecting input, analyzing training needs, and coordinating the approval process, is in is the responsibility of the Office of the Prosecutor General. Developing the digital competence of prosecutors is an important priority. Training courses are regularly organized in the use of Prosecutor’s Information System. Training sessions on the use of legal databases, artificial intelligence, and other technological tools are also provided. Additionally, prosecutors can also participate in training courses abroad. The main partners in this area are the European Judicial Training Network (EJTN), the Academy of European Law (ERA), and the European Union Agency for Law Enforcement Training (CEPOL). There has been no specific training on the use of videoconferencing and the decentralized IT system at the moment. When planning future training, the Training Council will also take into account the objectives set out in the Judicial Training Strategy for 2025–2030. 4