Glossary entry (derived from question below)
German term or phrase:
Ermessensreduzierung
English translation:
discretion limited to only one possible lawful decision
Added to glossary by
Kim Metzger
Oct 19, 2004 20:36
20 yrs ago
6 viewers *
German term
Ermessensreduzierung
German to English
Law/Patents
Law (general)
neighbourhood disputes
Context: residents' rights to pursue legal action over neighbourhood disputes. Full sentence: "Pauschal lässt sich formulieren, dass eine behördliche Ermächtigungsgrundlage für ein repressives Einschreiten im Fall der Ermessensreduzierung auf Null zu einer „Anspruchsgrundlage“ für die Anwohner gegenüber der Behörde zum Einschreiten werden kann" Any help unravelling this sentence appreciated.
Is the Ermessen "discretionary" or to do with measurement of immissions or something?
Is the Ermessen "discretionary" or to do with measurement of immissions or something?
Proposed translations
(English)
| 3 +2 | discretion limited to only one possible lawful decision |
Kim Metzger
|
| 4 +1 | narrowing of its discretion |
desiderata (X)
|
| 3 +1 | NOT FOR POINTS |
Derek Gill Franßen
|
Proposed translations
+2
9 mins
Kim Metzger
Mexico
Mexico
Native in English
Works in field
Mexico
Committed to Quality and Service
Native in: English (Variant: US) 
Works in: German to English
Related KudoZ points
:
1244
Selected
discretion limited to only one possible lawful decision
The scope of evaluation granted to the courts includes an erroneous use of discretion (Ermessensfehlgebrauch), an exceeding discretion (Ermessensüberschreitung), no use of discretion at all (Ermessensnichtgebrauch)171 or when the official did not realize that his discretion was limited to only one possible lawful decision (Ermessensreduzierung auf Null or Selbstbindung der Verwaltung)172
http://ouclf.iuscomp.org/articles/surma.shtml
--------------------------------------------------
Note added at 34 mins (2004-10-19 21:10:03 GMT)
--------------------------------------------------
Dear KiwiSue, I hope you don\'t mind me playing around with this sentence, although I\'m not a legal expert and am probably missing something essential, but here\'s a rough translation I came up with.
I\'m having big problems with the two \"Grundlagen\" (Ermächtigungsgrundlage and Anspruchsgrundlage) and the two \"Einschreiten.
In general, it is possible to state that the basis for empowering a public authority to intervene repressively in the event discretion is limited to only one possible lawful decision can become a basis for a claim for the residents against the public authority zum Einschreiten
http://ouclf.iuscomp.org/articles/surma.shtml
--------------------------------------------------
Note added at 34 mins (2004-10-19 21:10:03 GMT)
--------------------------------------------------
Dear KiwiSue, I hope you don\'t mind me playing around with this sentence, although I\'m not a legal expert and am probably missing something essential, but here\'s a rough translation I came up with.
I\'m having big problems with the two \"Grundlagen\" (Ermächtigungsgrundlage and Anspruchsgrundlage) and the two \"Einschreiten.
In general, it is possible to state that the basis for empowering a public authority to intervene repressively in the event discretion is limited to only one possible lawful decision can become a basis for a claim for the residents against the public authority zum Einschreiten
Peer comment(s):
| agree |
Derek Gill Franßen
: Yes, this is definitely the idea (and probably the term - I'm going to look around a bit). The words "zum Einschreiten" seem wrong or out of place (to me too) - the sentence makes more sense put another way (please see my added notes). :-)
37 mins
|
| agree |
Dr. Fred Thomson
: Good work by both you and Derk.
2 hrs
|
4 KudoZ points awarded for this answer.
Comment: "Thanks - this helped me formulate the sentence."
+1
1 hr
Derek Gill Franßen
Germany
Germany
Native in English
Specializes in field
Germany
German Attorney & University Lecturer
Native in: English
Works in: German to English, English, English to German, and 1 more.
Related KudoZ points
:
728
NOT FOR POINTS
This is about the residents having a claim to oblige the government to step in and resolve a "neighbourhood dispute", as you put it. Generally, under German law, the state (in this case the Ordnungsbehörde = Polizei = police) have the authority to step in a resolve disputes, if they get out of hand. Apparently (I didn't look it up specifically), a 'normal' citizen (like most people) has no "right" to "make" the police step in - one can call and complain, but in the end, if the police don't think it's bad enough, there isn't all too much one can do...
Except the so-called "Verpflichtungsklage" (this is where it starts getting interesting - at least for me). This is translated (by Dietl/Lorenz - a pretty good dictionary) as: "action (by public procedure) against a public authority to compel the performance of an administrative act for one's benefit" or "writ of mandamus".
There we see it: there are (relatively extreme) cases in which the discretion of the police is limited (or reduced), i.e. the police may only act a certain way and can in effect no longer choose, but have to act. That is why I agree with Kim.
In this case, the "administrative act" in the definition above would be the resolution of these disputes.
All of that IMHO. :-)
--------------------------------------------------
Note added at 1 hr 11 mins (2004-10-19 21:47:29 GMT)
--------------------------------------------------
Sorry about the typos! ;-)
--------------------------------------------------
Note added at 1 hr 17 mins (2004-10-19 21:53:43 GMT)
--------------------------------------------------
The German sentence might make more sense if it read: \"...zu einem \'Anspruch\' der Anwohner der Behörde gegenüber auf Einschreiten lassen werden kann\"; they are not acting towards the government - God forbid! - or even stepping in themselves, but rather the residents are HAVING the state step in to \"lay down the law\" (like my father used to say). ;-)
Except the so-called "Verpflichtungsklage" (this is where it starts getting interesting - at least for me). This is translated (by Dietl/Lorenz - a pretty good dictionary) as: "action (by public procedure) against a public authority to compel the performance of an administrative act for one's benefit" or "writ of mandamus".
There we see it: there are (relatively extreme) cases in which the discretion of the police is limited (or reduced), i.e. the police may only act a certain way and can in effect no longer choose, but have to act. That is why I agree with Kim.
In this case, the "administrative act" in the definition above would be the resolution of these disputes.
All of that IMHO. :-)
--------------------------------------------------
Note added at 1 hr 11 mins (2004-10-19 21:47:29 GMT)
--------------------------------------------------
Sorry about the typos! ;-)
--------------------------------------------------
Note added at 1 hr 17 mins (2004-10-19 21:53:43 GMT)
--------------------------------------------------
The German sentence might make more sense if it read: \"...zu einem \'Anspruch\' der Anwohner der Behörde gegenüber auf Einschreiten lassen werden kann\"; they are not acting towards the government - God forbid! - or even stepping in themselves, but rather the residents are HAVING the state step in to \"lay down the law\" (like my father used to say). ;-)
Peer comment(s):
| agree |
Dr. Fred Thomson
: Good analysis. We are all lucky to have your insights.
1 hr
|
|
Thank you Fred - I'm flattered.
|
+1
21 hrs
narrowing of its discretion
discretion being narrowed to one choice ...
Even in the absence of statutory "guidelines" precluding such factors as bases of decision, Congress should not be presumed to have departed from principles of rationality and fair process in enacting the APA. Moreover, the agency may well narrow its own enforcement discretion through historical practice, from which it should arguably not depart in the absence of explanation, or through regulations and informal action.
Heckler v. Chaney, 470 U.S. 821, 852-853 (U.S., 1985)
Even in the absence of statutory "guidelines" precluding such factors as bases of decision, Congress should not be presumed to have departed from principles of rationality and fair process in enacting the APA. Moreover, the agency may well narrow its own enforcement discretion through historical practice, from which it should arguably not depart in the absence of explanation, or through regulations and informal action.
Heckler v. Chaney, 470 U.S. 821, 852-853 (U.S., 1985)
Peer comment(s):
| agree |
Derek Gill Franßen
: POST-GRADING: Yes, "narrowing" is a good way of putting it. I think the term entered into the glossary is for "Ermessensreduzierung auf Null". :-)
8 days
|
Discussion