E-Justice in Germany: Current status and development prospects

Abstract

The development of German E-Justice is significantly influenced by a number of special features of the national legal system. These are, in particular, membership in the European Union, federalism and six different types of courts. The mentioned special features are discussed in detail. E-Justice itself is broadly understood in the German legal doctrine and covers different uses of information and communication technologies in judicial activities. Its elements include, in particular, maintaining electronic registers by courts, the use of videoconferences, the online publication of judicial decisions and others. Electronic legal transactions (elektronischer Rechtsverkehr) and electronic case files (elektronische Akte) constitute two central elements of E-Justice which take centre stage in the article. Based on the analysis of doctrinal sources and legislation it is concluded that electronic legal transactions are nothing more than electronic communication with courts. By the example of the legislative norms regulating electronic legal communication and electronic case files phased development of E-Justice in Germany is disclosed. Firstly (from the 1st of January 2018) the German courts should be able to receive documents submitted electronically. Then (from the 1st of January 2026) the courts have to maintain electronic case files instead of paper case files. So, the complete transfer of the judicial process into an electronic environment is the final goal of introducing new technologies into legal proceedings. Special attention is paid to a circumstance that implementing of information and communication technologies in judicial activities promises both serious advantages and puts before scientists and practitioners a number of issues of concern that need to be addressed.