A new study shows: Germany is increasingly falling behind when it comes to digitizing its judicial system. Singapore, Canada, Austria and the UK - they are all well ahead of Germany.
The Hessian Minister of Justice Eva Kühne-Hörmann recently lost her job. The reason: hesitant action in the digitalization of the justice system. A recent study now shows that this process is progressing too slowly, not only in Hesse but throughout Germany. It compares the Federal Republic with leading countries and paints an alarming picture. Outdated technologies, inconsistent regulations in the federal states and an antiquated understanding of data protection make Germany a laggard in international comparison.
About the study
The study was conducted by Bucerius Law School in collaboration with the Boston Consulting Group and the Legal Tech Association. It is based on around 50 interviews with various experts from different fields. The interviewees included judges, court IT managers, government officials and managing directors of trade associations and insurance companies.
Germany far behind
The result is alarming. Germany is 10 to 15 years behind other countries when it comes to digitalization. According to the study, this is mainly due to a long-outdated understanding of data protection, a general rejection of technology and a fear of personal disadvantages. "Many employees are skeptical of technical innovations or reject them outright," the study states. In addition, the existing technical solutions are comparatively poorly represented, outdated or not sufficiently user-oriented.
Singapore, Canada and Austria are pioneers
Canada shows how it works. Since 2012, British Columbia has had an online tribunal for civil cases that works completely digitally. Some services can even be accessed via smartphone. Austria is following a similar path. Since the 1990s, court information and orders have been transmitted digitally to the participants in the so-called ERV procedure. Electronic legal transactions have even been mandatory since 2000.
What needs to change?
The authors of the study advise that Germany must rethink its approach and provide considerable budgetary resources in order to make up for several years of lagging behind. Increasing the efficiency of the courts, a clear commitment to user orientation and the prompt introduction of data analysis in order to identify the most urgent digitization problems are of particular importance. Dirk Hartung, co-founder of the European LegalTech Association, adds: "Carrying on as before is not a good option".
