The German judiciary is undergoing a rapid digital transformation, increasingly reliant on video conferencing to expedite legal proceedings. According to figures released by the German Judges Association (DRB), tens of thousands of court hearings are now conducted annually via digital platforms, marking a significant upward trend. The DRB reports a surge in the number of digitally-held trials across the federal states, with increases of up to 75% observed between 2023 and 2024.
Illustrating this shift, the state of Bavaria alone has conducted 10,009 civil trials digitally through June of this year, a dramatic increase from 12,995 for the entirety of 2023 and further escalating to 17,738 video hearings so far in 2024. The DRB asserts that civil and specialist courts nationwide now have universal access to video conferencing technology facilitating online proceedings.
While lauded by the DRB’s federal managing director, Sven Rebehn, as demonstrating a “great willingness in the judiciary to utilize new digital possibilities” the accelerated adoption raises critical questions about equitable access to justice and the potential erosion of due process. The move, ostensibly designed to streamline proceedings, faces scrutiny concerning the digital divide, particularly impacting vulnerable populations lacking reliable internet access or the technical proficiency to navigate online legal platforms.
Furthermore, concerns linger regarding the impact on the defendant’s right to confront their accuser, the potential for compromising security and data privacy and the overall transparency of judicial proceedings when conducted remotely. While the emphasis on accessibility and efficiency is appealing, a thorough assessment of the long-term implications and necessary safeguards appears crucial to ensure this technological shift does not inadvertently disadvantage those it purports to serve and ultimately undermines the fundamental principles of the German legal system. The rapid rollout demands careful monitoring and independent evaluation to prevent exacerbating existing inequalities within the justice system.