Rechtsvertrauen

Rechtsvertrauen, a concept rooted in German legal theory, refers to the fundamental trust that individuals and entities place in the legal system and its institutions. This trust is considered essential for the stability and functioning of a legal order, as it encourages compliance with laws and fosters social cohesion. The term originates from the German phrase *Recht* (law) and *Vertrauen* (trust), emphasizing the reliance on legal norms and judicial decisions.

The principle of Rechtsvertrauen is deeply embedded in German constitutional law, particularly under Article 20 of the German Basic Law (Grundgesetz), which guarantees the rule of law (*Rechtsstaat*). It ensures that legal expectations formed by individuals and businesses are protected, preventing arbitrary changes to legal standards that could undermine stability. Courts, including the Federal Constitutional Court, have repeatedly affirmed that Rechtsvertrauen requires predictability and consistency in legal interpretation.

Rechtsvertrauen applies to both substantive law and procedural matters, including judicial decisions. For example, if a court issues a ruling based on a particular legal interpretation, subsequent parties may rely on that interpretation in future cases. However, this trust is not absolute; it can be limited if new evidence or legal developments necessitate a reinterpretation of existing law. The principle also extends to administrative actions, where citizens expect fairness and consistency in regulatory enforcement.

In international legal discourse, Rechtsvertrauen is often compared to concepts like *legitimate expectation* in common law systems. It reflects a broader legal philosophy that prioritizes stability and fairness over rigid adherence to precedent, ensuring that legal systems remain reliable and just. Violations of Rechtsvertrauen, such as retroactive law changes or inconsistent judicial decisions, can erode public confidence in the legal system, highlighting its importance as a cornerstone of legal governance.