Postponement Announced for E-Act Implementation

The digital transformation of Germany's judiciary is well underway, with the implementation of the e-file system making significant strides across the country. However, the transition has not been without its challenges.

In Hesse, the rollout of the e-file system is progressing as planned, but there are issues with the electronic supply of nationwide investigative authorities. Meanwhile, in Schleswig-Holstein, a communication component issue temporarily halted the sending of electronic files in criminal cases to public prosecutor's offices.

The e-file system is being implemented in all areas of the judiciary, from ordinary jurisdiction to specialized courts. The pilot phase for the e-file started back in 2016. In Schleswig-Holstein, the e-file in criminal cases is operational in four police headquarters, used by approximately 3,000 employees.

However, not all is smooth sailing. Trade union Verdi has demanded an extension of the e-file rollout due to frequent system crashes and delays. The Bund Deutscher Kriminalbeamter (BDK) in Schleswig-Holstein has also voiced concerns about the software's maturity for extensive procedures and the need for additional functions like text recognition, a user-friendly citation function, and an e-file reader.

Despite these challenges, there are benefits to the e-file system. Some users are already reaping the rewards, saving paper and time. The switch to the leading e-file in civil and family matters has been successfully implemented at the Higher Regional Court of Frankfurt am Main, for instance. All local courts in Hesse are also using the leading e-file for civil, family, insolvency, guardianship, inheritance, mortgage enforcement, foreclosure, and foreclosure administration cases.

The Bundestag has submitted a bill that has been adopted by the federal cabinet, extending the deadline for the full implementation of the e-file to the beginning of 2027. There will also be an opt-out regulation that allows the creation and maintenance of certain case files in paper form until January 1, 2026.

It's important to note that the electronic case file affects various courts and is being introduced at different speeds in the various courts and specialist areas depending on the federal state. The transition towards digital processes, including electronic invoicing, is ongoing in Schleswig-Holstein, with deadlines linked to requirements such as the obligatory use of e-invoices from January 1, 2025, and final transitions expected by the end of 2026 for public administration generally.

The BMJV has been at the forefront of this digital transformation, working to ensure a smooth rollout of the e-file system across Germany. As the transition continues, it's crucial to understand the temporary delays and challenges that may arise during this significant transformation.