A draft bill released this week by the Federal Ministry of Justice aims to significantly accelerate and streamline enforcement proceedings through increased digitalization. The proposed legislation focuses on strengthening the electronic exchange of information, often referred to as the “electronic legal traffic” within the process of compulsory execution.
Currently, while initial requests and instructions in compulsory execution are frequently submitted electronically, supporting documentation verifying the prerequisites for enforcement often still relies on paper-based submissions. This hybrid approach contributes to increased administrative burden and potential for errors.
The draft bill envisions a shift where, when requests and instructions are filed electronically, accompanying documents, including enforceable copies and other paperwork essential for demonstrating enforcement preconditions, are also routinely transmitted electronically. Furthermore, the enforceable copy will typically be provided to the enforcement officer as an electronic document.
Following an initial request or instruction related to compulsory execution, all subsequent documents from legal professionals and authorities must be transmitted electronically to the enforcement officers. This requirement will be phased in for other involved parties, such as debt collection agencies. The bill also specifies secure transmission methods for communication with enforcement officers.
The legislation further outlines conditions under which an enforcement officer can be digitally provided with proof of payment authorization. It will also clarify, for legal professionals in particular, the process for digitally proving procedural authority. These digital proof regulations will be extended to certain representatives involved in voluntary court proceedings and in select specialized courts.
The draft bill was circulated to state governments and professional associations on Wednesday and is now publicly available on the BMJV website. Interested parties are invited to submit feedback and comments until August 1st.