Begründungslast

Begründungslast, a German legal term, translates to "burden of justification" or "duty to provide reasons." It refers to the obligation of a party, typically a public authority or court, to explain the rationale behind a decision or action. This duty ensures transparency and accountability in administrative and judicial processes. When a decision is made, the entity making it must provide clear and understandable reasons for why that specific outcome was reached. This allows the affected party to understand the basis of the decision and, if necessary, to challenge it effectively.

The principle of Begründungslast is fundamental to the rule of law. It prevents arbitrary decisions and promotes fairness by requiring justification for any infringement of rights or imposition of obligations. For instance, when a government agency denies a permit, it must explain the specific legal provisions or factual circumstances that led to the denial. Similarly, a court issuing a judgment must articulate the legal reasoning and evidence that supports its conclusions. Failure to meet the Begründungslast can render a decision invalid or subject to successful appeal. This principle is not merely a procedural formality but a substantive requirement for legitimate governance.