Electronic documents received by the Federal Office of Justice as the central German awarding authority for incoming and outgoing requests for cross-border enforcement on the basis of the Framework Decision on Financial Penalties must in principle have an electronic signature.

However, the use of e-justice is not binding upon participating German enacting authorities, the competent bodies of the other EU Member States or private parties to proceedings, but merely optional. Therefore, there is no obligation to use electronic documents or electronic signatures.

Draft Ordinance on introducing e-justice and electronic record-keeping at the Federal Office of Justice within the scope of Council Framework Decision 2005/214/JI of 24 February 2005 on the application of the principle of mutual recognition to financial penalties

(Ordinance relating to the Framework Decision on Financial Penalties, e-justice and record keeping – RbGeldERAV)

The draft Ordinance aims to lay down the legal principles for the introduction of e-justice and electronic records in enforcement assistance based on the Framework Decision on Financial Penalties.

The draft Ordinance stipulates that documents can in future be submitted electronically to the Federal Office of Justice, and lays down requirements pertaining to the signing of electronic documents. It also enables the keeping of electronic records at the Federal Office of Justice.

In the absence of corresponding foundations in German law, the draft Ordinance contains no obligations for German enacting authorities or private parties to proceedings to submit documents electronically to the Federal Office of Justice – see point 6.

The draft Ordinance should be seen explicitly as an interim solution because it aims to ensure in the short term that there is a reasonable legal basis available for the Federal Office of Justice to start piloting the new electronic procedures in the area of EU-wide fine enforcement. It is conceivable that the federal government and states in Germany will develop uniform legal and technical standards for e-justice and electronic records over the entire field of criminal law and mutual assistance in criminal matters within the next few years. When this happens, the Federal Office of Justice will follow these standards in the field of fine enforcement within the EU, meaning that this Ordinance is likely to be rescinded in the medium term.