Rechtsgriffregel

Rechtsgriffregel is a term found in German legal literature that denotes a principle guiding the handling of legal grounds in administrative and constitutional review proceedings. The core idea is that decisions of public authorities must be anchored in an applicable legal basis (Rechtsgrundlage) and that the reasoning provided by the authority or by the reviewing court must demonstrate how the law supports the outcome. The rule concerns both the initiation of a remedy and the examination of a decision on appeal or in court.

In practice, the Rechtsgriffregel is used to assess whether an act is legally valid and whether the appropriate remedy route is available, including whether the decision's grounds are sufficiently explicit and whether the correct legal provisions and procedural steps were applied. It can involve the court’s obligation to derive or verify the necessary legal basis if it is not expressly stated in the decision, or to interpret ambiguous grounds to align with statutory provisions.

The term is primarily found in jurisprudence and legal commentary rather than as a formal procedural rule codified in statutes. It is closely related to broader ideas of legality control, the principle of substantial justice, and the duty to provide a reasoned decision (Begründungspflicht). Critics argue that an overly formal focus on legal grounding can obscure practical outcomes, while supporters view it as a safeguard for predictability and the rule of law.

See also: Rechtsgrundlage, Verwaltungsakt, Rechtsmittel, Verwaltungsgerichtsordnung, Begründungspflicht.