The dream of the digital courtroom encounters obstacles

The vision of bringing court hearings into the digital era recently suffered a setback. The Federal Council decided last week: No to court hearings by video and digital documentation. The planned revolution in the judiciary, often celebrated as a step towards a more modern, more efficient justice system, has been put on ice for the time being.

“Sofa judges” remain a distant scenario

The idea that judges could pass judgements from the comfort of their sofa is somewhat captivating. But the Federal Council takes a different view. It argues that the dignity and importance of judicial action require a physical presence in the courtroom. The idea of a “fully virtual court hearing” clashes with traditional notions of court proceedings.

The critical voices

The planned laws, which should enable the far-reaching digitalisation of the justice system, have met with considerable resistance. Concerns range from the impairment of the establishment of the truth to worries about the protection of victims. In particular, the argument that witnesses and defendants could be intimidated by the recording of their statements weighs heavily. There is also the fear that recordings could be misused.

Technical hurdles and practical concerns

In addition to the legal and ethical issues, practical aspects also play a role. Many courts are not prepared for digital proceedings in terms of technology, space and personnel. The implementation of these ambitious plans is proving to be a challenge – especially in large states where the judicial infrastructure is still anchored in the analogue world in many places.

The road to the justice system of the future is rocky

The Federal Council’s decision is a clear sign that the path to the digitalisation of the justice system is not an easy one. It is a balancing act between respecting traditional court procedures and striving for modernisation and increased efficiency. The German Federal Bar is disappointed about the temporary end of “Justice 2.0”, but emphasises the need to continue looking for practicable and appropriate solutions.

Conclusion: digitalisation – yes, but with caution

The discussion surrounding the digitalisation of the justice system shows how complex the challenges associated with such far-reaching changes are. It is not just about technical feasibility, but also about fundamental questions of the rule of law and human interaction in the judicial system. The dream of a digital justice system lives on, but it is accompanied by the realisation that a number of hurdles still need to be overcome before judges can hand down their verdicts digitally and perhaps even from the comfort of their own sofa. Germany is therefore falling behind many other European countries and the USA in the area of digitalisation, where digital court hearings are part of everyday life.