The German judiciary is embarking on a sweeping digital transformation with the imminent rollout of electronic case files (E-Akten) across 15 of 16 federal states by the end of the year. This initiative, revealed in a survey by the “Deutsche Richterzeitung” and reported by the “Neue Osnabrücker Zeitung” aims to modernize a legal system grappling with persistent technological shortcomings, but raises crucial questions about implementation consistency and equitable access to justice.
The shift to E-Akten is strategically linked to the integration of AI-powered assistance systems and other technological solutions intended to streamline case management and alleviate the burden on judges. Proponents envision a future characterized by accelerated online proceedings, potentially allowing litigants to assert their rights digitally. However, the current fragmented IT infrastructure within the German justice system, as acknowledged by Deutscher Richterbund (DRB) Managing Director Sven Rebehn, continues to impede a unified, nationwide rollout.
While the move is lauded as a “milestone” spurred by the recently announced Rechtsstaatspakt (rule of law pact) and further €210 million in federal funding, the initial deadline of end-2025 has been extended by a year, with Saxony-Anhalt requesting and receiving this extension. This discretionary approach highlights the stark disparities in preparedness across states. The survey underscores that while civil and specialized courts have largely adopted the E-Akten system, considerable work remains in criminal courts and state prosecutor’s offices.
Saxony-Anhalt, significantly lagging behind, had, as of September, yet to implement any leading-edge electronic case files in any court or prosecutor’s office. The state’s justice ministry has refrained from guaranteeing full adoption even within the broadened timeframe. Similar inequalities are apparent in other regions; in Lower Saxony, a limited number of state prosecutor’s offices, district courts and regional courts in criminal matters have embraced the change, while Schleswig-Holstein’s criminal justice system covered roughly 50% as of the final quarter of 2025.
The uneven implementation sparks concerns about the potential for two-tiered justice, where individuals depending on geographic location or the type of case they’re pursuing may experience drastically different levels of access and efficiency. While digitalization promises to enhance the legal system, the current trajectory necessitates rigorous oversight and a commitment to equitable distribution of resources and technical expertise to avoid exacerbating existing inequalities and ensure genuinely improved access to justice for all citizens. The success of the Rechtsstaatspakt hinges not just on funding, but on fostering genuine collaboration between federal and state actors to address the systemic IT challenges still plaguing the German judiciary.