Rechtsverweis

A Rechtsverweis, or legal cross-reference, is a drafting device used in German legal texts to point readers to another legal norm rather than restating the applicable rules. It directs the reader to the relevant provision in a different statute, regulation, or in some cases jurisprudence, so that the matter is governed by that referenced rule.

The primary purposes of a Rechtsverweis are to promote consistency across the legal code, reduce duplication, and simplify updates when the cited norm changes. Cross-references can take various forms, such as explicit citations to a specific section or article (for example, a reference like vgl. § 12 Abs. 3) or more general references to the applicable legal framework. The field of application is typically the same: the referenced provision governs the matter unless the current text specifies otherwise or adds qualifying conditions.

Interpretation of a Rechtsverweis depends on precise wording and the structure of the cited norm. Ambiguities, conflicts with other references, or changes to the referenced provision can lead to disputes about scope or applicability. Courts and drafters consider the intent of the cross-reference and any interpretive rules that apply to the legal system.

In practice, Rechtsverweise are common in statutes, constitutions, regulatory texts, contracts, and administrative guidelines. They help maintain coherence across a legal framework and facilitate updates, while also requiring careful drafting to ensure clarity and avoid circular or conflicting references. In EU and international contexts, cross-references may also link national provisions to supranational rules.