Vorschriftenverweisen

Vorschriftenverweis is a cross-reference in legal texts to another provision, to a whole set of provisions, or to the regulations of another act. It is used to avoid repetition by incorporating the content of referenced rules into the current instrument.

In practice, Vorschriftenverweise appear in statutes, regulations and administrative rules. They can be direct, by naming a specific provision (for example, a reference to a paragraph, section or sentence like “nach § 3 Abs. 2” or “gemäß § 12 StGB”). They can also be more general, referring to the applicable “Vorschriften dieses Gesetzes” or to “die einschlägigen Rechtsvorschriften,” whereby the exact applicable provisions must be identified in context.

The legal effect of a Vorschriftenverweis is that the contents and consequences of the referenced provision apply as if they were stated in the referencing text. Consequently, changes to the referenced provision or to the law it belongs to can alter the reach and interpretation of the referencing provision. In some cases the cross-reference is accompanied by a Rechtsfolgenverweisung, where the legal consequences are determined by the referenced rules.

Drafting and interpretation require care. Ambiguities can arise if the cross-reference is vague, if the referenced provision has multiple applicable parts, or if transitional provisions are not clear. Courts interpret cross-references by analyzing the wording, the structure of the statute, and the intended legislative scheme, aiming for consistency with the overall legal system.

Vorschriftenverweise are a common and practical instrument in German legal drafting, enabling modular and updatable regulation while posing challenges for precise interpretation and timely amendment.