System failures, security problems, outdated and missing equipment: The introduction of electronic files at the Berlin courts has been delayed. It is unclear whether the legally prescribed deadline for the complete conversion of January 1, 2026 can be met. The joint judges’ council of the ordinary courts – which are responsible for civil and criminal proceedings – unanimously rejected the introduction of the electronic file. The committee now announced this to the President of the Superior Court of Appeal, Bernd Pickel.
The introduction of the rule was originally planned for mid-2023. However, this plan, which was largely driven by the left-wing administration of justice, is in danger of failing. The General Council of Judges, a kind of personnel type for the judiciary, sees that the introduction of the electronic file is necessary. However, experience has shown that “it is not helpful to carry out a poorly prepared system change”.
At the same time, the General Council of Judges complains that the courts hardly have time for tests. A pilot phase lasting several months ran in some areas at the district courts in Neukölln and Köpenick, and it was only after another year that the e-file went into regular operation. However, there was no pilot operation at the Superior Court, but the civil senates are only to keep files electronically in September. At the regional court, a test has been running in four civil chambers since September only for new incoming proceedings, but the introduction of the rule should start as early as June.
Performance problems and system failures at the district court
Without a sufficiently long pilot operation, this is unacceptable and violates the service agreement on e-files. Accordingly, the trial operation must be successful and reliably evaluated. However, the judges complain that this is missing. From the test phase at the district court it was “not seriously to be expected” that “significant knowledge can be gained in order to be able to take responsibility for the transition to regular operation”.
The General Council of Judges calls for a longer test run, which is also justified by the experience gained with the pilot procedures. In February, the Vice President of the Regional Court, Anja Teschner, reported on “performance problems and system failures”. Better hardware, i.e. more modern computers, are also required. Even the district courts, where tests have been running for a long time, would have considerable difficulties. There is talk of performance issues with the files program and a lack of training and support from staff and technology.
Judges see significant security problems
The halls of the ordinary courts are apparently not yet sufficiently prepared for negotiations with the e-file. According to the General Council of Judges, only 15 of the 274 halls are finished. At the district court, where the civil chambers are to switch to electronic files from June, “only two rooms have been upgraded”. At the Littenstraße location, the data lines were not sufficient and construction had to be carried out. The plan to rebuild the courtrooms during ongoing operations is “not responsible” and cannot be reasonably expected of the judges and citizens. Not all orders have even been advertised.
In addition, the screens are not enough for the entire judges’ council, for single judges and presiding judges two screens are necessary because of the parallel processes, so far there should only be one each. The committee also sees problems with the screen mounts, the lack of touch monitors, the insufficient size of the monitors and the standards for the mice.
In addition, the equipment for mobile working is missing – although “a docking station, a mouse, a keyboard and a 24-inch screen had been promised by the President of the Court of Appeal”. In test mode, it was not possible to connect a second screen to the mobile docking station. This fails “regularly or flickers”.
The General Council of Judges also does not consider the security concept to be sufficient, as it does not meet the standards of the Federal Office for Information Security (BSI). What is needed is an e-file “that is secure, redundantly available and can also be reconstructed in an emergency”. Due to the ongoing failures of the IT system, procedures are likely to be delayed. The committee further complains that “there are still frequent failures of electronic legal transactions lasting several hours, which makes it impossible to work with the electronic file during this time”. The reasons for the failures would have to be eliminated “before the electronic files could be rolled out across the board”.
In addition, according to the General Council of Judges, there is a lack of IT experts. “Not only are studies missing on how many such people there must be with which qualifications in order to guarantee stable and secure operation of the electronic file,” the committee explained. There is also a lack of the possibility of remunerating these employees in such a way that enough experts decide for the job in the long term.
