Befugnissen

Befugnissen is the dative plural form of Befugnis, a German term used to describe the powers, authority, or competence granted to persons or institutions to perform certain acts. The concept is central in constitutional law, public administration, and organizational theory, where it denotes the legal capacity to decide, authorize, or execute actions within defined limits.

In legal contexts, Befugnisse are typically fixed by statute or constitution. They delineate what actions an office, agency, or official may undertake and establish boundaries to prevent overreach. A key distinction is often made between Befugnisse (the powers to act) and Zuständigkeiten (the tasks or areas of responsibility). Together they define how public authorities operate, with Befugnisse enabling action inside the sphere of designated Zuständigkeiten.

Befugnisse may be exercised with varying degrees of discretion, ranging from mandatory acts to discretionary decisions. Where discretion exists, it is usually constrained by laws, procedural rules, and principles such as proportionality and legality. In administrative practice, authorities act within their Befugnisse but are subject to review and oversight to ensure accountability.

In addition to public administration, the term is also used in private law and corporate governance. Here Befugnisse describe the authority of individuals or bodies to act on behalf of an organization, such as management teams or boards, or to bind the organization through contractual or legal acts. This usage is often linked to Vollmacht (power of attorney) and Ermächtigung (authorization).

Overall, Befugnissen denotes the authorized capacity to act within predefined legal and institutional frameworks, shaping how powers are exercised and checked in both state and organizational contexts.