1. GENERAL

Legal norms are usually categorised according to the following criteria:

a. a general or specific legal provision;
b. an abstract or concrete legal norm;
c. objective or subjective law;
d. substantive or procedural law.

However, a legal norm is not necessarily limited to a single category; it may also fall into several categories at the same time (e.g. the specific, individual legal norms „decision“ or „judgement“).

2. PURPOSE

These classifications are not merely theoretical distinctions; rather, they are essential to a proper understanding of our legal system – and thus facilitate the practical application of the law.

On the basis of these classifications, legal norms can be recognised and understood, in particular, in terms of their structure (e.g. in relation to the hierarchical structure of the legal system) and their mode of operation (To whom does the legal norm apply? What legal consequences arise if it is complied with or not complied with? How and by whom is it monitored or sanctioned?) of legal norms can be identified and understood. For example, does a person subject to the law have an enforceable claim – in other words, do they have a subjective right? How can a person subject to the law enforce this claim – in other words, which formal legal procedure applies (e.g. an appeal against a decision)?

Subjective rights may, for example, be given concrete form in the form of administrative decisions, by means of which the competent authority bindingly determines a person’s specific entitlement. An administrative decision is an individual and specific legal norm which, as a rule, is based on a general and abstract legal norm – a statute. In the hierarchy of the legal system (more precisely: in the „hierarchy based on derogatory effect“), a statute ranks higher than an administrative decision, which is important when determining whether such a decision is lawful or unlawful.

Note: This ‘Knowledge Bite’ deals exclusively with the distinction between general and individual legal norms; the other distinctions are explained separately in other ‘Knowledge Bites’.

3. GENERAL OR INDIVIDUAL LEGAL PROVISION
3.1. General

In order to determine whether a general or an individual legal provision is involved, it is necessary to define the Target audience crucial.

3.2. General legal principle

A general legal provision applies to a group of persons defined by specific number or weight („generic characteristics“), without referring to any specific person (e.g. employees, vehicle owners, business owners, all lorries weighing over 10 tonnes). The distinction depends solely on the wording of the provision, and not on how many addressees are actually affected (for example, the group of addressees „all Viennese in this room“ is defined in general terms, even if there were in fact only one Viennese person in the room).

Examples of general legal norms: Laws; regulations; general guidelines, etc.

3.3. Individual legal provision

An individual legal provision, on the other hand, applies only to a specifically named person. Unlike a general legal provision, it therefore depends on a specific (Mr Charly Chimney, born on 15 May 1995, residing at 5 Musterstraße, A-1234 Musterstadt) or a specific person (e.g. „To the owner of property no. 1234 in the land register of the cadastral municipality of Musterstadt“).

Examples of individual legal provisions: Decisions; the exercise of direct administrative authority and coercive power (e.g. a robber caught in the act is arrested and his weapon is seized); individual instructions, etc.

3.4. Example of accrual

The following examples may serve to illustrate when a legal provision is general or specific:

Example: Pursuant to Section 1(1) of the Trade Regulation Act (GewO) (Federal Law Gazette 194/1994, as amended by Federal Law Gazette I 66/2025), this federal law applies, „unless Sections 2 to 4 provide otherwise, to all “activities carried out on a commercial basis and not prohibited by law’ (emphasis added). This is a general legal provision, as it applies to all persons who carry out an activity permitted on a commercial basis.

To the Lord Louis Lüthi, Born on 20 February 1990, residing at Musterstraße 5, A-5600 St. Johann im Pongau, is hereby granted, by official notice, a trade licence for the regulated trade of „watchmaker“. This constitutes an individual legal provision, as it applies to a person named in the decision – and is therefore specific to that individual.

4. TO PUT IT INTO A NUTSHELL

Legal norms can be divided into four categories: (i) general or individual legal norms, (ii) abstract or concrete legal norms, (iii) objective or subjective law, and (iv) substantive or procedural law.

In the case of general legal provisions, the intended audience is defined on the basis of generic characteristics; their scope of application formally refers to a group of people (e.g. hospitality industry operators, taxi drivers, dog owners).

Individual legal provisions, on the other hand, are directed solely at a specific person (e.g. Charly Chimney is authorised to practise the regulated trade of „chimney sweep“).

Whether it’s general and abstract or specific and concrete: score highly with us!