rechtskräftiges

Rechtskräftiges is a term used in German law to describe a decision, order, or act that has become legally binding and enforceable. It derives from the noun “Rechtskraft,” which denotes the finality of a judgment or administrative decision for the purposes of the dispute and its consequences. A decision is rechtskräftig when the parties no longer have a normal legal remedy to challenge the decision in the same dispute.

Rechtskraft implies finality in the sense that the merits of the case cannot be reconsidered in the ordinary proceedings, although there may be narrow statutory avenues for exception, such as reopening the case under certain conditions or specific high-level remedies. In practice, a rechtskräftiges Urteil or Bescheid typically marks the point at which the decision can be or must be complied with and, if applicable, enforced. The distinction between rechtskräftig (final) and vollstreckbar (enforceable) is important: a decision can become final before it is immediately enforceable, for example if enforcement is stayed pending further remedies or if a separate enforcement clause is required.

Contexts in which the term is used include civil, criminal, and administrative spheres. In civil litigation, a judgment becomes rechtskräftig after the time to appeal has expired or after the exhaustion of available appellate remedies. In administrative law, a final decision issued by a public authority can likewise attain rechtskräftigkeit, ending the possibility of ordinary appeals within the procedure.

Overall, rechtskräftiges communicates the concept of final, binding legal effect within the relevant jurisdiction.