rechtsgang

Rechtsgang is a German legal term describing the procedural trajectory of a legal dispute through the judiciary in order to obtain a judicial remedy. The term is closely related to, and sometimes used interchangeably with, Rechtsweg, which denotes the jurisdictional path available to bring a matter before the courts.

In practice, Rechtsgang encompasses the stages from filing a claim or indictment through court proceedings to the final decision and, if applicable, enforcement or subsequent remedies. The concept covers civil, criminal, administrative, and constitutional disputes, including the distribution of cases among the appropriate courts and the sequence of legal instances or levels of appeal.

The term is primarily a descriptive or theoretical one, focusing on how a case progresses rather than on the substantive merits of the decision. While Rechtsweg is the more common expression for the available path to legal remedy, Rechtsgang may be used to emphasize the actual conduct of proceedings and their procedural flow. The usage varies by jurisdiction and linguistic practice within German-speaking countries such as Germany and Austria.

Examples of the Rechtsgang include a civil dispute starting in the appropriate civil court, with possible steps through appellate or higher courts; administrative disputes proceeding through administrative courts with subsequent remedies; and constitutional challenges, such as petitions or constitutional complaints to the Federal Constitutional Court. In all cases, the Rechtsgang delineates the permissible route a party may take to seek judicial review.