Verworven recht
Acquired right
An acquired right is a right that a person has obtained under applicable legislation and that, in principle, may not be withdrawn with retroactive effect by subsequent legislation.
An acquired right refers to a specific legal position arising from the application of existing legal rules to a particular set of facts, such as an entitlement to a benefit, a licence or property. The concept is particularly significant in transitional law, where new legislation frequently makes express provision for the protection of existing rights in order to avoid legal uncertainty.
The notion serves to safeguard legal certainty and to prevent citizens or undertakings from being adversely affected by sudden changes in the law. In practice, the courts assess whether an acquired right has in fact arisen in order to determine whether a new measure may operate retroactively.
In legal practice, the concept frequently arises in connection with amendments to social security law, tax law and administrative licensing regimes.
“The court held that the employee had acquired a vested right to the existing pension scheme, such that the new legislation could not be applied with retrospective effect.”
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