prejudikat

Prejudikat is a term used in several languages, most notably Dutch, Swedish, Danish, and Norwegian, to denote a court decision that establishes a rule of law and thereby serves as a precedent for future cases. It refers to the legal authority created by a decision, in contrast to rules laid down in statutes or codes. A prejudikat typically emerges when a court resolves a dispute and articulates the underlying legal principle (the ratio decidendi) necessary to reach the ruling; accompanying remarks (obiter dicta) may bear persuasive weight but are not binding.

In jurisdictions with civil-law traditions, prejudikaten function as an important source of law alongside statutes and codes. The binding force of a prejudikat usually rests with higher courts, while lower courts are expected to apply the rule established in a prejudikat when confronted with similar facts. In practice, the degree of rigidity varies by country; some systems treat a line of consistent judgments as creating jurisprudence constante, which guides future decisions even if not formally codified.

Prejudikat also interacts with European and international law. Decisions of the European Court of Justice, for example, interpret EU law in ways that member states and their courts must follow, shaping national prejudikats and their application. While the concept emphasizes continuity and predictability, it can also be criticized for potentially reinforcing outdated interpretations unless updated by new rulings or statutory reform.

Overall, prejudikat denotes the role of prior court decisions in shaping legal interpretation, balancing the authority of adjudication with the need for legal development.