Digitalisation and AI are much more than just a technical challenge

We are at a crucial crossroads. Digitalisation and AI are no longer futuristic concepts; they are already reshaping legal institutions, from court proceedings to alternative dispute resolution. How can we embrace technological innovation without undermining the rule of law and fundamental procedural justice? That question was the focus of the Digitalisation of justice symposium held on 29 May in Groningen.

This conference brought together academics and practitioners from the Netherlands and Germany to discuss the implications of digitalisation and artificial intelligence for procedural law.

Significant differences

One of the key insights from the symposium was that, despite the close geographical proximity of the Netherlands and Germany, there are still significant differences between their civil, criminal and administrative procedural systems. These differences are important. Before we can meaningfully discuss the harmonisation or unification of procedural rules in the digital age, we must first understand the underlying differences between national legal traditions and procedural structures.

A striking example emerged in the discussion on criminal procedure. In Germany, the principle of directness places strong emphasis on presence in the courtroom and the direct examination of evidence by the court. In the Netherlands, by contrast, procedural practice relies more heavily on the case file and written documentation. As a result, digitisation measures such as remote hearings or participation via video can have fundamentally different implications in each jurisdiction.

Digital built on paper

Some speakers noted that a large part of current digitisation still amounts to ‘digital built on paper’. Digital documents that are subsequently printed out by courts are just one example. Rather than reducing complexity, such approaches can inadvertently create additional layers of complexity. This raises an important question: should we first address the underlying procedural inefficiencies before attempting to digitise them?

The symposium confirmed that successful digitisation is not merely a technical challenge, but also a procedural, institutional and normative one.

The full results of this symposium will be published in 2027 in the volume ‘Digitalisation of Justice: Perspectives from Germany and the Netherlands’ by Springer Nature. For further information and enquiries, please contact Dr. Benedikt Schmitz.