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Exequaturverfahren

Glossary entry

German term or phrase:

Verwaltungsentscheidung

English translation:

administrative decision, judgment, ruling

Added to glossary by claudiocambon
Dec 9, 2009 19:22
14 yrs ago
1 viewer *
German term

Verwaltungsentscheidung

German to English Law/Patents Law (general)
From an Austrian District Court decision about taking over and continuing to enforce a sentence that an Austrian citizen is serving in another country, and specifically here about how to reconcile the Austrian sentence with the one pronounced in the original country where the crime was committed.

"Ist diese Sanktion jedoch nach Art und Dauer mit dem Recht des Vollstreckungstaates nicht vereinbar... so kann dieser Staat die Sanktion durch *** eine Gerichts- oder Verwaltungseintscheidung **** an die nach seinem eigenen Recht für eine Straftat derselben Art vorgesehene Strafe oder Massnahme anpassen.

Basically I am puzzled by what other kinds of decisions there could be in this matter besides one by a court, and would appreciate any suggestions on how to render this suggestion of an "administrative" decision into English. Thanks!
Proposed translations (English)
3 +2 administrative decision
4 administrative judgment
3 court ruling or government agency decision
3 -1 arbitration (decision)

Discussion

Erika Nagy, Esq. Dec 9, 2009:
http://www.juradmin.eu/colloquia/1998/austria.pdf

see last paragraph of section 2.2

I agree with Derek, he's on point as always
Erika Nagy, Esq. Dec 9, 2009:
Hi Claudio. I think you are on the right track. I would say penal and administrative decision. I doubt there is arbitration in criminal cases, at least I've never heard of such a thing. I've found something on the relationship between penal, civil and administrative courts in Austria, I'll send it to you in a second, hope it'll be helpful.

Proposed translations

+2
58 mins
Selected

administrative decision

...or something like "decision by an administrative agency." I think the point they are trying to make is that not all decisions need to be made by courts, some are made by administrative agencies (for example: Ordnungswidrigkeiten).

--------------------------------------------------
Note added at 1 hr (2009-12-09 20:27:46 GMT)
--------------------------------------------------

Sanctions imposed by the I.R.S. (for tax evasion) might be another example.

Basically, it seems that they are saying the following: If a foreign court or agency imposes a sanction that would not be allowed here, then we will replace that sanction with the punishment we impose (be it on the basis of a court decision or on the decision of another governmental agency) for the same or similar punishable acts.

:)
Peer comment(s):
agree Erika Nagy, Esq. : absolutely
9 mins
Thank you, Erika (great reference, by the way)! :)
agree David Wright : Or administrative ruling (?)
18 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks to all for your suggestions!"
-1
3 mins

arbitration (decision)

seems to me what is meant here
Peer comment(s):
disagree David Wright : No, it's not a decision by arbitration, it's a ruling by an administrative body, perfectly standard in Austria
19 hrs
Something went wrong...
10 hrs

administrative judgment

alternative to administrative decision
Something went wrong...
18 hrs

court ruling or government agency decision

administration ist m. E. entweder zu amerikanisch, oder zu allgemein
Peer comment(s):
neutral David Wright : Is an adminsitrative body really the same as a government agency?
1 hr
Something went wrong...
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