Fachurteil

A **Fachurteil** (German for "professional judgment" or "expert decision") is a legal concept primarily relevant in German and some European legal systems, particularly in administrative law and procedural matters. It refers to a decision made by a legally qualified expert or official based on their specialized knowledge rather than a formal court ruling. Unlike judicial rulings, which are binding and enforceable under the law, a Fachurteil is often used in administrative proceedings where technical or scientific expertise is required.

The term is commonly associated with administrative courts in Germany, where judges may rely on the expertise of specialists to interpret complex legal questions. For instance, in cases involving environmental assessments, health regulations, or technical standards, an administrative court might consult an expert to clarify ambiguous legal provisions. This approach helps ensure that decisions are grounded in factual and technical precision rather than purely legal interpretation.

In some contexts, a Fachurteil can also refer to a preliminary ruling by a court or administrative body on a specific technical matter, which may later be reviewed or confirmed by a higher authority. This practice is designed to streamline proceedings while maintaining accountability. However, it is distinct from a final judgment, as it may still be subject to further review or appeal in certain circumstances.

The concept of Fachurteil reflects a balance between judicial oversight and the need for specialized expertise in complex legal disputes. While it does not replace formal judicial proceedings, it serves as a practical tool to address issues where technical or scientific knowledge plays a crucial role in legal decision-making.