Less bureaucracy through a new ministry?! The incoming federal government intends to create a dedicated Federal Ministry for Digitalisation and State Modernisation. The overarching objective is to dismantle bureaucracy. In doing so, "administrative processes should be oriented towards people's life situations" (Coalition Agreement of 09.04.2025, para. 1799). In principle, this sounds commendable. However, simply cutting staff and abolishing ombudsman structures is ill-advised. The German sociologist Berthold Vogel aptly describes bureaucracy as the "attempt to contain the law of the stronger". A glance across the Atlantic shows what can happen when those in power harbour autocratic ambitions. First and foremost, authorities are meant to serve citizens as points of contact when they face the state. The CJEU recently confirmed this important principle and made clear that modernisation requires accountability. In its judgment on the Tyrolean State Government (C-638/23), the CJEU held that administrative units without separate legal personality can also be data controllers — provided they are capable of fulfilling their obligations and their responsibilities are clearly defined. A newly established and functional ministry must comply with this and, in light of these requirements, should:
🔹 Define responsibilities in administrative structures in a legally secure manner
🔹 Integrate data protection into state modernisation from the outset, rather than retrofitting it
🔹 Create legal foundations that clearly specify who is liable for whatDigitalisation without legally secure responsibilities remains mere administrative rhetoric.
We have discussed the CJEU judgment in the latest GRUR-Prax and set out the homework for policymakers — now it is over to politics!
The case comment on Beck-Online is available here:
https://beck-online.beck.de/?vpath=bibdata%2Fzeits%2
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