A measure in the legal sense is a unilateral sovereign action by the state, which, in contrast to the legal norm, is not generally binding, but affects an individual case . The term is used in different areas of law and for different actions.
An action or an individual case law is a law that, exceptionally, not general facts, but only one or a few individual cases controls ( , para. 1 GG ), for example expropriation laws according to , para. 3 GG, which measures law for the Building Code or the investment measure laws in connection with the German unity transport projects .
In administrative law , the administrative act and the general decree of an authority are characterized by the regulation of a specific individual case or a definable number of individual cases ( VwVfG ).
Social law measures such as the measures for activation and professional integration serve to realize the social rights mentioned in SGB I. The individual social benefits are provided as services, benefits in kind and in cash ( SGB I).
Accordingly, measures are:
- the measure of reform and security ( StGB)
- the forfeiture ( StGB)
- the recovery ( CC) and
- the demilitarization ( of the Criminal Code).
After TFEU , the adopted EU -organs the necessary measures ( English measures ), in order to realize the internal market. TFEU understands this to mean “ ordinances , guidelines , resolutions , recommendations and opinions ”. The EU regulation has general application and in this respect, according to German legal understanding, is not a measure in the sense of an individual regulation, but a legal norm .para. 1 of the
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- Federal Office of Justice : penalties and measures in Switzerland. System and prison system for adults and young people: an overview 2010
- Max Planck Institute for Foreign and International Criminal Law : Imprisonment measures against dangerous, criminally responsible (recidivist) offenders in an international comparison 2011
- Carl Creifelds: Legal dictionary . 21st edition. 2014, ISBN 978-3-406-63871-8 .
- BVerfGE 7, 129 on Lex Schörner
- BVerfGE 74, 264 - Boxberg
- Bernhard Stüer: Investment Measure Laws as a Constitutional Problem . In: German administrative gazette . 1991, p. 1333 ff . ( t-online.de [PDF]).
- Otfried Seewald: Police and Security Law (pdf) 1995, on uni-passau.de, accessed on June 9, 2020
- BGH, decision of June 19, 2008, Az. 3 StR 545/07, full text
- Official Journal of the European Union . L, No. 12, January 16, 2001, pp. 1-23. . In: