Definition and significance of the citation of legal sources
Ein Citation of legal sources in legal science and practice is a documented reference to the location where a particular legal norm, regulation, decision, literature source, or official document has been published and is publicly accessible. Citations of legal sources ensure the verifiability of legal sources and serve the correct referencing in correspondence, academic works, as well as in judicial or administrative practice.
Fundamentals and function of the citation of legal sources
Purpose and necessity
Citations of legal sources are essential for the clear identification and retrievability of legal sources. Within the scope of the application and interpretation of law, they ensure that referenced legal texts, court decisions, or administrative provisions are transparent and verifiable for all parties involved. This promotes legal certainty and uniform application of the law.
Areas of application
Citations of legal sources are applied in the following areas:
- Legislation: Reference to legal gazettes and official collections.
- Case law: Citation of judgments and decisions from official reports and case law databases.
- Literature: References from scholarly publications, commentaries, or monographs.
- Administration: References to administrative instructions, decrees and other—usually published—administrative regulations.
Legal basis and standardization
Statutory requirements
In Germany and many other legal systems, there is no explicit legal requirement to provide a citation of legal sources for every statement of legal content. However, corresponding requirements arise from:
- the citation requirements within academic works (including university laws, doctoral regulations)
- the requirements for written justifications of judgments, decisions, and administrative acts (§ 117 VwGO, § 313 ZPO, § 267 StPO, etc.)
- the relevant rules and guidelines for the publication of statutes and ordinances (e.g., Article 82 paragraph 1 GG, publication in the Federal Law Gazette)
- the requirements for official collections and the publication of decisions (especially BVerfG, BGH, BVerwG, BSG, BFH, etc.)
Citation rules and standards
Citations of legal sources generally follow established citation rules, which vary depending on the field of law and the medium. The most relevant include:
- German case citation model: e.g. BVerfGE 13, 97 (Germany: Volume 13, page 97 of the official collection of the Federal Constitutional Court).
- Statutory citation: e.g. § 194 para. 1 BGB (Section 194 paragraph 1 Civil Code), including citation in the Federal Law Gazette: “BGBl. I 1896 p. 195”.
- Literature citation: Author’s name, title, year, exact or broad page reference (e.g., Müller, Introduction to Civil Law, 2023, p. 181).
- Official publications: Reference in official gazettes, e.g., Act to Promote the Circular Economy and Ensure Environmentally Sound Waste Disposal, BGBl. I 1996 p. 1378.
Electronic legal citations
With the increasing digitization of legal texts, electronic citations of legal sources are gaining importance. Legal information systems (for example juris, dejure.org, state law portals) make it possible to reference legal sources via permalinks or DOI (Digital Object Identifier) and provide current and continuously updated versions.
Structure and composition of a citation of legal sources
Components
A complete citation of legal sources generally includes:
- Type of legal source (law, judgment, literature)
- Exact designation (e.g., section, document title, file number)
- Publication reference (e.g., volume and page of the official collection)
- Publication date or year of the decision
- If applicable, further information (editor, edition, reviser)
Example:
BGH, judgment of March 19, 2003 – VIII ZR 253/02, BGHZ 154, 260-270.
Different citation formats
The exact format of the citation of legal sources varies according to the type of source:
- Laws: Name of the law, section, paragraph, sentence, citation in the law gazette
- Decisions: Court, date of decision, file number, official collection, if applicable, page
- Literature: Author’s name, title, if applicable, reviser, edition, year of publication, page
Legal significance and consequences of missing citations of legal sources
Consequences of insufficient citation of legal sources
The absence or incorrect specification of citations may have various (legal) consequences:
- Impairment of verifiability: Unsubstantiated sources may be considered unproven, which can, in particular in academic works, result in a downgrade.
- Formal invalidity of decisions: In certain cases, missing reference to relevant legal bases can result in procedural errors (e.g., in court judgments or administrative decisions).
- Violation of publicity and transparency duties: Especially in the context of enacting laws and ordinances, proper publication with a citation of legal sources is fundamental for the validity and applicability of a norm.
Special citations of legal sources in Germany
Federal Law Gazette and Official Publications
The Federal Law Gazette (BGBl.) is the central official publication organ of the Federal Republic of Germany, where laws and ordinances are published. A citation provides the reference by volume, year, and page of the BGBl. For EU law, the Official Journal of the European Union (OJ) applies.
Judicial decisions
Court decisions are regularly supported by citations of legal sources in official collections (e.g., BVerfGE, NJW, DÖV, NJW-RR). Decisions that are relevant to the public are increasingly published in official as well as private online archives with electronic citations.
Administrative regulations and decrees
Administrative regulations and decrees are substantiated with citations in official gazettes (Federal Gazette, ministerial gazettes, Federal Tax Gazette, etc.) to clearly ensure their legal validity in legal dealings.
International aspects
In other legal systems too, citations of legal sources serve to locate and unambiguously identify legal sources. International standards (such as in common law countries: Bluebook, OSCOLA) regulate the form of referencing and ensure traceability in transnational legal practice.
Citation of legal sources as an instrument of legal clarity and certainty
The citation of legal sources is an essential element of modern legal practice, ensuring transparency, verifiability and a consistent citation style. Ongoing digitization is changing citation practice but also increases the need for precision and currency in citations.
Summary the citation of legal sources describes the precise documentation of the place where a legal source or decision is published or made accessible. Its observance is indispensable for legal certainty, proper application of law, and the scientific quality of legal work. Citations are established in statutes, judgments, literature, and administrative regulations and are structured precisely by national and international citation rules. Due to digitization, electronic citations are gaining increasing significance.
Frequently asked questions
Is the citation of legal sources legally required?
Whether the citation of legal sources is legally mandatory depends on the respective field of application. In the legal context, in particular the citation requirement pursuant to Art. 19 para. 1 sentence 2 GG stipulates that laws interfering with fundamental rights must state the relevant source of the restricted fundamental rights explicitly. Also, in the context of academic works, expert opinions, and prosecutorial or judicial submissions, referencing citations is usually required to ensure the verifiability, authenticity, and traceability of legal arguments. In legal proceedings, procedural codes (for example, § 253 ZPO or § 160 StPO) often contain explicit instructions to attach citations—for instance, when referring to statutes, judgments, or literature. The publication of statutory provisions in the Federal Law Gazette or state law gazettes also regulates how citations must be provided. However, there is no explicit general obligation to provide citations in all legal areas; it always results from the relevant special statutory context or the requirements for academic work and professional legal writing.
Which sources may be included in a citation of legal sources in the legal field?
Citations in legal writing or official publications may refer to various types of sources, each with specific requirements. Typically, these are primarily statutes (provisions of federal, state, or EU law), court decisions (especially of federal courts, state courts, European courts), commentaries, monographs, journal articles, and, in individual cases, administrative regulations or guidelines. It is crucial that the source is verifiable and permanently accessible; private websites or unofficial sources are generally not, or only exceptionally, recognized as valid in reputable legal work and in court. When citing decisions, official sources (e.g., BVerfGE, BGHZ, NJW) should be preferred. For literature citations, recognized citation standards (for example, according to the specifications of ‘Kirchhof/Enders, Jura, 24th ed.’ etc.) are applied.
What is the significance of citations in judicial decisions?
In judicial decisions, citations of legal sources are of substantial importance for the justification and traceability of judicial rulings. Judges cite statutes, previous judgments, or literature with precise references to support their legal arguments and to make the decision-making process transparent. This not only maintains the requirement for transparency, but also facilitates the review or possible appeal of the decision. The correct specification of citations promotes legal certainty and serves the preparation of subsequent proceedings in which reference is made to previous decisions. Incorrect or missing citations can be considered a defect in justification and, in extreme cases, may result in the annulment or remittal of the decision.
How must a citation of legal sources be correctly drafted in legal terms?
A legally correct citation of legal sources must be traceable and unequivocal. Citations of statutes include the abbreviation of the source (e.g., “BGB,” “GG”), section or article number and, where applicable, paragraph, sentence, number. Judgments are cited with the court designation, date, file number, and, if published, the official or specialist reference (e.g., “BGH, judgment of 1/1/2020 – VI ZR 123/18, NJW 2020, 1234”). References to literature contain the author, title, if applicable, edition, year of publication and page number. Consistent citation styles are indispensable when working with legal texts and are regulated in detail in commentaries (such as Palandt or legal citation manuals). It is also important to ensure the currency, as versions of statutes or case law may change.
Are there different requirements for citations of legal sources in various fields of law?
Yes, different fields of law and practices partially require specific provisions regarding citations. For instance, there are separate rules on the format and scope of citations for international treaties, European acts (directives or regulations), administrative regulations, or foreign legal sources. There are also internal differences: In administrative law submissions, for example, reference to administrative regulations or ministerial circulars may be more important than in civil procedure. In tax law, special attention must be paid to the relevant decrees, administrative instructions, or guidelines. Furthermore, courts may specify further requirements in their business or procedural rules. However, the fundamental principle of traceability and clarity remains unchanged.
What are the consequences of omitting or incorrectly citing a source?
The absence or incorrect citation of legal sources can have a variety of legal consequences. In academic work, this can be considered plagiarism and lead to severe academic consequences. In court proceedings, a missing or inaccurate citation may be objected to as incomplete or erroneous reasoning; in particular, disregarding the citation requirement may result in the unconstitutionality of a law or administrative act. Procedural law further recognizes the possibility of objections or rejection of pleadings. In legal practice, missing citations also result in significant reputational loss and risk the submitted legal view being rejected as unfounded or unprofessional.
When is it dispensable to provide citations of legal sources in a legal context?
In rare exceptional cases, it may be permissible to omit a citation, for example, for general principles of law or well-known legal provisions, whose existence and wording can be assumed as common knowledge (e.g., Art. 1 GG). Nevertheless, as a rule, the provision of citations prevails in order to ensure clarity, transparency, and depth of reasoning. More broadly, citations may be omitted in everyday legal advice, in informal documents, or in legally irrelevant statements. However, in official or judicial contexts, precise citation of sources is generally obligatory.
