June 15, 2026
Being in the right and getting justice—are they two different things?
A Look Back at the Panel Discussion „Access to Justice: Does Justice Go to Those Who Can Afford It?“ in Freiburg on June 8
Does the law apply equally to everyone in Germany? Or does access to justice depend on factors such as income, education, or social background? These questions were the focus of a panel discussion organized by the Forum Recht Foundation, the Konrad Adenauer Foundation and the German Bar Association (DAV) on June 8, 2026, in Freiburg.
Under the moderation of Gottfried Haufe discussed Paula Edling by the Berlin Social Science Center (WZB) and Dr. Fabian Widder, Vice President of the DAV, on trust in the rule of law, structural barriers, and possible solutions.
The Small Difference: Between Being Right and Being Proven Right
It became clear right from the start that there can be a difference between „being in the right“ and „obtaining justice.“ Although the German legal system generally enjoys a high level of trust, actual access to justice is not equally easy for everyone.
Paula Edling pointed out that many people perceive government institutions as difficult to access. Often, people are unaware that they can actively assert their own rights. Courts are frequently perceived as alien and intimidating places. This perception is a key—yet often overlooked—barrier.
Empirical Gaps: Who Goes to Court—and Who Doesn't?
A key issue was the lack of data on the circumstances under which lawsuits are actually filed. While the number of court cases has been declining for years, it is unclear whether this is due to fewer conflicts or to higher barriers to access.
Paula Edling also discussed current research projects that examine who appears in court, who is represented by an attorney, and who uses legal aid. After all, before a legal dispute even reaches court, people must first realize that they have a legal problem—and know who to turn to.
Trust—but not equally in everyone
According to the Allensbach survey, trust in government institutions in Germany is high overall, but it is distributed unevenly. People with higher incomes, higher levels of education, and no history of migration tend to trust government institutions more often than other demographic groups. There are also differences between the old and new federal states, the moderator explained in his opening remarks.
In his argument, Dr. Fabian Widder emphasized that trust in the rule of law cannot be taken for granted. Transparency and accountability in legal proceedings are important; at the same time, complex and distant institutions can reinforce the feeling of being excluded from the legal system.
During the discussion, Paula Edling shifted the focus to a more fundamental level: Many people do not perceive government institutions in terms of their structural separation—the concept of the separation of powers remains abstract for a large portion of the population. Even more fundamentally, people first need to understand that, as individuals, they have rights that they can actively assert. Courts are often perceived as something alien and intimidating—not as places that are open to them.
According to Edling, this perceptual hurdle is one of the most significant and least discussed barriers to access to justice.
Practical Access: Lawyers, Legal Aid, and Structural Barriers
How can I seek justice? According to Dr. Fabian Widder, this question often arises as early as the search for legal representation. While the availability of legal services is comparatively good in cities, access to legal representation in rural areas is becoming increasingly difficult.
Paula Edling cited the option of legal aid for people with low incomes. In practice, however, this tool would face limitations: The compensation for such cases is low, meaning that not every law firm can take on these cases. Furthermore, legal aid applies only to a specific legal problem in each instance, even though social, rental, and family law issues are often interrelated.
"It is particularly evident in social law how closely access to justice is linked to financial resources," Dr. Fabian Widder explained afterward. Even filling out forms presents a significant hurdle for many people
Practical Access: Lawyers, Legal Aid, and Structural Barriers
How can I seek justice? According to Dr. Fabian Widder, this question often arises as early as the search for legal representation. While the availability of legal services is comparatively good in cities, access to legal representation in rural areas is becoming increasingly difficult.
Paula Edling cited the option of legal aid for people with low incomes. In practice, however, this tool would face limitations: The compensation for such cases is low, meaning that not every law firm can take on these cases. Furthermore, legal aid applies only to a specific legal problem in each instance, even though social, rental, and family law issues are often interrelated.
"It is particularly evident in social law how closely access to justice is linked to financial resources," Dr. Fabian Widder explained afterward. Even filling out forms presents a significant hurdle for many people
Companies, Individuals, and Language Barriers
The discussion also showed that social inequalities can be reflected in the courtroom. When a lawsuit is filed, companies are usually represented by attorneys, whereas individuals often are not. Consequently, the prospects for success often differ. If both sides are represented by attorneys, the odds even out significantly.
Language, too, can make it difficult to access the legal system. Many legal proceedings require a good command of German. At the same time, legal language is often difficult to understand, even for native speakers. The challenge lies in formulating complex issues in a legally sound manner while still remaining understandable.
Digitalization, Legal Tech, and the Question of Acceleration
Can artificial intelligence improve access to justice? The panelists saw opportunities here, but also limitations. In standardized procedures—such as those involving air passenger rights—digital applications could already be helpful today. For complex legal issues, however, they are not yet a substitute for human advice.
There was agreement that digitization can help speed up proceedings and is already having a positive impact. At the same time, the desire for faster proceedings must not come at the expense of the thoroughness and quality of judicial decisions.
What Gives Us Hope
In closing, the panelists looked to the future. Among other things, they drew hope from progress in the area of protection against violence, additional funding for support services, and the ongoing digitization of the justice system. The growing diversity within the legal profession was also highlighted as a positive development.
The evening made it clear: access to justice begins long before the courtroom. It depends on knowledge, language, financial resources, geographical proximity, and trust in government institutions. Anyone discussing the rule of law must therefore look not only at courts and laws, but also at the social conditions that either open the way to justice for people—or make it more difficult.
An event organized by the Forum Recht Foundation in cooperation with the Konrad Adenauer Foundation, South Baden Regional Office, and the German Bar Association (DAV). The guests were Paula Edling (WZB) and Dr. Fabian Widder (DAV), with Gottfried Haufe serving as moderator.
Side Events for the German Lawyers' Day in Freiburg
As part of the German Lawyers' Day The Forum Recht Foundation launched a series of events designed to foster dialogue on law and the rule of law specifically for the city’s community. The Mobile pop-up exhibition „Law—The Rules of Everyday Life“ from May 27 to June 15 could be visited free of charge at Europaplatz. In cooperation with the German Bar Association, an event took place on June 11, 2026: Legal consultation on social law issues at the Freiburg Social Court. In addition, Dr. Cord Brügmann, director of the Forum Recht Foundation, participated in the panel discussion „Out of the Legal Bubble, Into Real Life—Law and Democratic Cohesion in Times of Change“ on June 11.
The German Lawyers' Day is the nationwide conference of the legal profession, which focuses on professional and legal policy issues and took place this year from June 10 to 12 in Freiburg.