Entscheidungsmaßnahme

Entscheidungsmaßnahme is a term used primarily in German administrative law to denote an official act that results in a concrete decision affecting the rights or obligations of individuals or legal entities. The concept combines the procedural element of a decision (Entscheidung) with the actionable component (Maßnahme), emphasizing that the authority not only declares a legal consequence but also carries out a measurable measure, such as granting a permit, imposing a penalty, or ordering the execution of a specific task.

The legal basis for Entscheidungsmaßnahmen can be found in the Verwaltungsverfahrensgesetz (VwVfG) and other sector‑specific statutes, which require that administrative bodies issue decisions in a form that is determinative, understandable and enforceable. A typical Entscheidungsmaßnahme must contain a clear statement of the legal reasoning, the relevant factual findings, and the precise effect of the decision, allowing affected parties to assess their position and, if necessary, file an administrative appeal (Beschwerde) or seek judicial review (Klage).

In practice, Entscheidungsmaßnahmen differ from pure normative acts (Rechtsnormen) because they address concrete cases rather than establishing general rules. Examples include the issuance of a building permit, the revocation of an operating license, or the imposition of a fine for regulatory violations. The requirement of proportionality and the right to be heard are integral to the legitimacy of such measures.

Critics argue that the term can blur the distinction between decision and enforcement, potentially leading to procedural confusion. Nevertheless, the concept remains central to ensuring transparency and accountability within the German administrative system, providing a framework for the orderly execution of public authority actions.