Federal Ministry of Justice Presents Draft Law
Digitalization is also set to become more prevalent in German courts. To this end, on September 4, 2024, the Federal Ministry of Justice presented a draft for the “Law on the Development and Testing of an Online Procedure in Civil Jurisdiction.”
Behind this cumbersome term lies, simply put, the digital civil process. The aim is to accelerate proceedings and increase the efficiency of jurisprudence, according to the law firm MTR Legal Rechtsanwälte, which has extensive experience in litigation and represents its clients both in and out of court.
Simplified Access to Justice
It is often said that the wheels of justice grind slowly in Germany, and files pile up in the courts. This situation can lead to unsatisfactory delays for all parties involved before the court reaches a decision, and legal certainty is achieved. The introduction of modern technologies in judicial proceedings aims to improve and expedite this condition. According to the Federal Ministry of Justice (BMJ), this also supports the achievement of the sustainability goals of the United Nations’ 2030 Agenda. The objective is to provide easy access to justice at all levels for everyone.
The online procedure for civil proceedings is intended to allow citizens to assert their claims, particularly in cases involving low dispute values, as simply and user-friendly as possible. At the same time, it aims to make the courts’ work more efficient and modern. This can help reduce the duration of mass proceedings or the assertion of monetary claims in local courts. The digital communication forms in the online procedure will also extend to lawyers, utilizing the existing infrastructure, as stated by the BMJ.
Online Procedure in Real-World Testing
However, online procedures also bring new challenges. Therefore, the draft law aims to establish the legal framework for so-called “real laboratories.” This means that the new technologies will first be tested under real conditions in selected courts to gather important regulatory insights, according to the BMJ. The new procedural processes and modern technologies will be tested uniformly across the country to support the modernization of civil proceedings. The feasibility of implementing online lawsuits will be assessed not only from a technical standpoint but also regarding their practical applicability. The goal is simple and modern procedural communication through a nationwide provision of digital input systems and platform solutions, according to the Federal Ministry of Justice.
By submitting lawsuits via digital input systems, the online procedure will be tested in the participating courts. Initially, the testing will involve civil disputes in local courts that are aimed at monetary claims. Furthermore, legal frameworks for online lawsuits will be established. Rules for the increased use of digital communication technology in civil proceedings will also be created, particularly regarding the expansion of proceedings without oral hearings and video proceedings. Additionally, evidence procedures are to be facilitated.
Faster, More Effective, and Cost-Efficient
Digitalization is also expected to expedite and make the handling of mass damage cases more efficient. Typical mass damage cases include passenger compensation claims, invalid fee clauses from banks, or compensation claims in emissions scandals.
The digital civil procedure is intended to be faster, more effective, and also more cost-efficient overall. The trial period is set for ten years.
It remains to be seen whether and how the digital procedure will become established. It will also be important to see if it can be used in commercial disputes and proceedings involving significantly higher dispute values. Nevertheless, the draft law is an important step towards the digitalization of court procedures. MTR Legal Rechtsanwälte will continue to monitor the development closely.
Far-Sighted Litigation Strategy
In litigation, we support our clients not only in court but also actively seek out-of-court solutions to resolve disputes. If an out-of-court solution cannot be found, we represent our clients’ interests resolutely in court. We always work in close cooperation with our clients to find the best possible solution for each individual case.
To enforce the rights and interests of our clients, MTR Legal Rechtsanwälte relies on a far-sighted litigation strategy.
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