Measure (law)

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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.

Public law


An action or an individual case law is a law that, exceptionally, not general facts, but only one or a few individual cases controls ( Art. 19 , para. 1 GG ), for example expropriation laws according to Art. 14 , para. 3 GG, which measures law for the Building Code or the investment measure laws in connection with the German unity transport projects .

Law enforcement

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 ( Section 35 VwVfG ).

Police measures to avert danger are administrative acts that are to be assessed according to the special security law authorization norms.

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 ( Section 11 SGB ​​I).

civil right

The law of enforcement knows different enforcement measures for the enforcement of titled claims , including measures of interim legal protection by an arbitral tribunal ( § 1041 ZPO ).

Criminal law

The criminal measures are legally defined in Section 11 (1) No. 8 of the  Criminal Code .

Accordingly, measures are:

  1. the measure of reform and security ( §§ 61-72 StGB)
  2. the forfeiture ( §§ 73-73e StGB)
  3. the recovery ( §§ 74-76a CC) and
  4. the demilitarization ( § 74d of the Criminal Code).

In addition, “measures” are also generally understood to mean the various investigative actions in the context of an investigation (identification service measures ).

European law

After Art. 26 para. 1 of the TFEU , the adopted EU -organs the necessary measures ( English measures ), in order to realize the internal market. Art. 288 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 .

Web links

Wiktionary: Measure  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ^ Carl Creifelds: Legal dictionary . 21st edition. 2014, ISBN 978-3-406-63871-8 .
  2. BVerfGE 7, 129 on Lex Schörner
  3. BVerfGE 74, 264 - Boxberg
  4. ^ Bernhard Stüer: Investment Measure Laws as a Constitutional Problem . In: German administrative gazette . 1991, p. 1333 ff . ( [PDF]).
  5. ^ Otfried Seewald: Police and Security Law (pdf) 1995, on, accessed on June 9, 2020
  6. ^ BGH, decision of June 19, 2008, Az. 3 StR 545/07, full text
  7. Regulation (EC) No. 44/2001 of the Council of December 22nd, 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters . In: Official Journal of the European Union . L, No. 12, January 16, 2001, pp. 1-23.