Glossary entry (derived from question below)
German term or phrase:
Trägern von Hoheitsrechten
English translation:
a person or entity exercising governmental/sovereign powers; a governmental authority
German term
Trägern von Hoheitsrechten
I know what this means (police authorities, military, etc.). What I would like to know is how do we say this in the USA?
I am thinking of 'sworn personnel' as this is how you define a police officer who can carry a gun and a badge (as opposed to CSIs, etc., who do not need to be sworn) but I am not sure it fits. Military personnel are also sworn.
I am translating a text that says certain capabilities of a system may only be exercised by Trägern von Hoheitsrechten and by that they mean that while contractors may run the system most of the time, when it comes to taking certain drastic actions, the contractors may not run the system but need to turn it over to the owners.
Sorry, but I cannot go into it further.
By the way, my weak stab at it is "agencies with sovereign rights" but man that is soooo unsatisfying.
I would appreciate a USA link or two, if you have them./
Thanks.
Jul 24, 2019 21:01: Steffen Walter changed "Field" from "Other" to "Law/Patents"
Proposed translations
a person or entity exercising governmental/sovereign powers; a governmental authority
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim...
https://www.nysenate.gov/legislation/laws/PBA/1002
https://www.oregonlegislature.gov/bills_laws/lawsstatutes/20...
https://www.energy.gov/sites/prod/files/gcprod/documents/GC_...
https://www.loc.gov/law/help/habeas-corpus/habeas-corpus-rig...
https://www.cambridge.org/core/books/state-responsibility/or...
https://www.orau.gov/cdcynergy/erc/Content/activeinformation...
https://www.lawinsider.com/contracts/2eJH0zfA3YGp8RfRX4COpA/...
…and these two (which I haven’t yet quoted in the d-box):
“Subd. 12.Joint exercise of police power.
In the event that an agreement authorizes the exercise of peace officer or police powers by an officer appointed by one of the governmental units within the jurisdiction of the other governmental unit, an officer acting pursuant to that agreement has the full and complete authority of a peace officer as though appointed by both governmental units and licensed by the state ...”
https://www.revisor.mn.gov/statutes/cite/471.59
“If the Governor directs the attorney general to commence legal action seeking any recovery on behalf of the state, the governing body of any governmental entity exercising any part of the state's sovereign power, upon request of the attorney general, within thirty days of the request, may, in the discretion of the governing body, assign any cause of action related to the state's action to the state for consolidation with the state's action.”
https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStat...
A Träger von Hoheitsrechten could be a country, a federal state, an organization/agency or an individual. What they do is Ausübung von Staatsgewalt.
With regard to federal states, there is Article 20 of the German Grundgesetz: https://www.uni-trier.de/fileadmin/fb5/prof/OEF004/WS.09.10_...
It’s a federal system, so American Federalism is a good starting point if you need to word it differently. I wouldn’t necessarily remove sovereign, but you could move it further back to circumvent the problem of a police force not being a sovereign entity.
What you should get away from, IMO, is holder or bearer and enforcement doesn’t work half the time.
Cf.
http://www.lexsoft.de/cgi-bin/lexsoft/justizportal_nrw.cgi?x...
https://legislature.maine.gov/statutes/30-A/title30-Asec4741...
institutions/bearers of sovereign authority
"In her book Paradise Built in Hell, Solnit draws upon data from five major disasters to empirically refute the conventional belief that disasters lead terrified, passive victims toward chaos and dependency. Instead, she writes, “neighborhood societies of cooperation and mutual aid arise precisely when official institutions of sovereign authority have broken down.” https://nextcity.org/daily/entry/forget-about-the-experts-th...
sovereign rights bearers
(AmE) public (law enforcement) agents and agencies
A law enforcement agency (LEA), in North American English, is a government agency Private police are often utilized in places where public law enforcement is seen as being under-provided. For example, the San Francisco Patrol Special
By public law enforcement is meant the use of public law enforcement agents -- such as police, tax inspectors, regulatory personnel -- to enforce legal rules.
Discussion
"...On the State level, all governmental authority (including expansive police power) resides with the State governments. The State governments, in turn, can and do authorize local governmental entities to exercise governmental authority on the local level. The establishment of local boards of health are authorized by State laws, which establish guidelines for their operation..."
https://www.orau.gov/cdcynergy/erc/Content/activeinformation...
"'Governmental Authority' means the government of the United States or any other nation, or of any political subdivision thereof, whether state or local, and any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of..."
https://www.lawinsider.com/contracts/2eJH0zfA3YGp8RfRX4COpA/...
Entity + exercise + gov authority/power shoulld do the trick.
Best
"Indian tribes are sovereign entities and are responsible for exercising governmental authority over Indian lands..."
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim...
"...which shall be a body corporate and politic, a political subdivision of the state, exercising governmental and public powers, perpetual in duration, capable of suing and being sued, and having a seal,..."
https://www.nysenate.gov/legislation/laws/PBA/1002
"...the university shall be a governmental entity performing governmental functions and exercising governmental powers..."
https://www.oregonlegislature.gov/bills_laws/lawsstatutes/20...
Best
"However, even where Federal officials retain ultimate authority to approve and review
contractor actions, the contractor may nonetheless be performing an inherently governmental action if its role is extensive and the Federal officials’ role is minimal."
https://www.energy.gov/sites/prod/files/gcprod/documents/GC_...
TBF, I'm not fond of bearer/holder (and certainly not institutions). Maybe this helps.
Träger von Hoheitsrechten (cf Ausübung von Staatsgewalt and Federalism, as Länder are Träger) is explained here: https://www.uni-trier.de/fileadmin/fb5/prof/OEF004/WS_08_09_...
Or, from the Library of Congress (it's about France):
"A person exercising governmental authority or entrusted with a public service mission..."
https://www.loc.gov/law/help/habeas-corpus/habeas-corpus-rig...
A UK one:
"Organs and entities exercising governmental authority..."
https://www.cambridge.org/core/books/state-responsibility/or...
Best
https://www.google.com/search?q=sovereign right&rlz=1C1GCEA_...
We do need some German context, please.