Online proceedings in civil law: Digitalization in the judiciary disadvantages people
The German government has passed a new law to accelerate court proceedings by digitizing the civil justice system and facilitating citizens' access to the law. While aiming for efficiency, the law has sparked criticism for potentially disadvantaging defendants in legal disputes. This development underscores the ongoing push for digital transformation within European institutions and its associated complexities. The new legislation, passed by the Bundestag, focuses on online procedures for civil cases involving monetary claims up to €10,000. It covers various scenarios, including claims for damages, unpaid bills (rent arrears), and breaches of contract, offering an online platform for filing claims and managing associated documents. The digital processes aim to streamline procedures and reduce the need for physical hearings. A key concern is that the law mandates defendants to participate in online proceedings once a claim is filed digitally. Critics argue this puts undue pressure on defendants, as they cannot opt for traditional, analog court procedures. This element raises concerns about digital fairness and accessibility, especially for those lacking digital literacy or access. The initiative, part of a broader effort to modernize Germany's justice system, will initially be tested on specific case types, like claims for flight compensation. However, the requirement for defendants to engage digitally prompts important questions about equitable access to justice in the context of increasing digitization.
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