Rechtsanwendung

Rechtsanwendung is the process of applying legal norms to concrete facts in order to resolve disputes, determine rights and obligations, or impose or lift legal consequences. It is distinct from creating or modifying law; its aim is to realize the content of legal rules in real cases. In practice, the process is carried out by courts, prosecutors, and administrative authorities, and it typically involves identification of the applicable norm, interpretation of its text and purpose, and subsumption of the facts under the rule to produce a decision.

The core steps are: first, identify the legal issue and the relevant sources of law (constitutional provisions, statutes, regulations, and, where appropriate, case law and doctrine); second, interpret the normative content, including any limits, exceptions, or harmonizing principles; third, determine whether the facts fit the norm (subsumption) and what consequences follow (rights and duties, sanctions, remedies); and finally, articulate the decision and its justification.

Rechtsanwendung is influenced by national legal traditions (for example, the German and wider civil-law family emphasizes codified rules and structured interpretation) while also interacting with international law, European Union law, and, in common-law systems, precedent. Challenges in Rechtsanwendung include dealing with gaps or ambiguities, balancing competing values, ensuring proportionality and legal certainty, and recalibrating the application across different factual contexts. Etymologically, Rechtsanwendung combines Recht (law) and Anwendung (application).