The eIDAS Regulation as a self-contained basis for submitting pleadings electronically?

Abstract

The subject of considerations contained in the article is an analysis of the issue of direct application of the provisions of the eIDAS Regulation in domestic civil proceedings. Basically, this act concerns substantive law, i.e. it regulates the types of electronic signatures and other electronic identification methods. It also introduces the principle according to which the legal effects of a handwritten signature and an electronic signature are equated. This gives rise to considering the possibility of submitting a pleading by electronic means, which will be signed with an electronic signature. According to the provisions of the Code of Civil Procedure, the legislator makes attempts to enable the parties to submit pleadings electronically. Currently, only electronic writ-of-payment proceedings give a real possibility of correspondence with the court, omitting the traditional paper route. Nevertheless, the implementation of the functioning of the ICT system will make it possible to implement such a possibility also for other types of proceedings. However, as long as the possibility of submitting documents electronically does not result from the regulations and at the same time from the technical capabilities of the courts, the eIDAS Regulation cannot be treated as an independent basis for the effective submission of documents electronically.