The German judiciary is undergoing a rapid digital transformation, increasingly relying on video conferencing for court proceedings in a move lauded for its potential to alleviate backlogs and expedite legal processes. According to figures released by state justice administrations and confirmed by the German Judges’ Association (DRB), the adoption of digital hearings has surged dramatically. Sven Rebehn, the DRB’s federal executive director, stated that tens of thousands of court hearings are now conducted annually via video link, with a notable upward trend observed between 2023 and 2024. Some federal states have seen a rise of up to 75% in the number of digitally conducted proceedings.
Illustrating this shift, Bavaria’s civil courts handled 10,009 civil cases digitally by the end of June this year, a stark increase from 12,995 for the entirety of 2023 and reaching 17,738 video hearings by 2024. Access to video conferencing technology for online hearings is now reportedly available across all jurisdictions within civil and specialized courts nationwide.
While the DRB highlights the judiciary’s enthusiasm for embracing these digital tools, particularly for their potential to simplify access to justice and accelerate proceedings, concerns linger regarding the implications of this accelerated adoption. Critics point to potential disparities in access to technology and digital literacy among litigants, particularly those from vulnerable or marginalized communities. Furthermore, questions have been raised about the impact on due process and the preservation of traditional courtroom dynamics, including the ability to accurately assess witness demeanor – a critically important element in many trials.
The rapid implementation, driven by a desire to reduce court delays, also risks overshadowing critical considerations regarding procedural fairness and the potential for unintended consequences. While increased efficiency is a desirable outcome, ensuring equitable access and upholding fundamental rights within this digitally evolving legal landscape remains a crucial challenge for the German judiciary. The long-term effects on the public’s perception of justice and the integrity of the proceedings themselves are yet to be fully assessed.
