Judicial war in Schleswig-Holstein: reform plans and chaos in the courts!

Judicial war in Schleswig-Holstein: reform plans and chaos in the courts!

The justice system in Schleswig-Holstein is facing severe turbulence. As the FDP parliamentary group reports, the public prosecutor's offices are under great pressure. Complex procedures, a lack of staff and the introduction of electronic files cause considerable difficulties. In 2024, around 336,000 cases were submitted to public prosecutors, but only around 191,000 could be completed. Bernd Buchholz from the FDP describes the situation as “catastrophic”. The overload of the judiciary has led to some detention cases being left behind and in individual cases people having to be released from custody because the proceedings took too long.

Although the CDU-led Justice Ministry assures that such cases are exceptional, they shine a bright light on the challenges facing the system. In addition, the complexity of the procedures is increasing, and many lawyers are now relying on artificial intelligence to prepare their briefs, which leads to a flood of files. Digitalization is underway, but e-file functionality often leaves much to be desired. The performance of the system is described as poor, forcing the courts into a mixed operation in which traditional and digital processes run side by side.

Protests and insecurities

The announced judicial reform caused huge protests in autumn 2024. The closure of smaller court locations in particular was met with widespread rejection. In Schleswig-Holstein there are currently 22 district courts and various specialist courts, the closure of which would mean longer journeys for those affected, which in turn brought court employees and social associations into action. Justice Minister Kerstin von der Decken plans to convert some specialist courts into branches or chambers in order to maintain the locations and create synergies in terms of buildings and staff.

However, the lack of clarity about the details of this reform creates great uncertainty. Bernd Buchholz calls for the reform to be suspended and criticizes the fact that no savings potential can be identified. He recommends hiring external specialists for digital change. Digital transformation is indeed essential, but implementation is still in flux.

Digital innovations in the justice system

In order to overcome the challenges, the electronic file (e-file) is being gradually introduced in Schleswig-Holstein. As described on the Schleswig-Holstein website, this measure could be a right step into the future. The change to the state regulation on electronic file management came into force on January 29, 2024 and expands the possibilities of digital justice. Online services such as the automated dunning process and electronic legal transactions have been available since January 1, 2018. From 2022, professional filers will even be required to file briefs electronically to speed up the process.

In addition, various digital services are available that make the work of the judiciary easier. These include, for example, the electronic land register, the state case law database and the option of conducting negotiations via video. The administrative court in Schleswig is currently being rebuilt in order to successfully integrate the e-file, whereby accessibility is also taken into account.

It remains to be seen whether Schleswig-Holstein's justice system can be stabilized through these measures. A clear course is urgently needed to overcome the challenges and allow citizens to rely on a reliable and efficient justice system.