Glossary entry

German term or phrase:

Trägern von Hoheitsrechten

English translation:

a person or entity exercising governmental/sovereign powers; a governmental authority

Added to glossary by jccantrell
Jul 23, 2019 22:43
4 yrs ago
3 viewers *
German term

Trägern von Hoheitsrechten

German to English Law/Patents Law (general)
Hi folks.

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.
Change log

Jul 24, 2019 21:01: Steffen Walter changed "Field" from "Other" to "Law/Patents"

Discussion

Björn Vrooman Jul 25, 2019:
Hello jccantrell Apologize for responding late. I'll add something. In the meantime, here are two other tidbits you might find interesting:
"...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
Ramey Rieger (X) Jul 25, 2019:
Entities OF COURSE!
jccantrell (asker) Jul 25, 2019:
@Björn Post this as an answer.
Björn Vrooman Jul 24, 2019:
Three other finds... All from the US.
"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
Björn Vrooman Jul 24, 2019:
@jccantrell Does this help (see also the rest of the document):
"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
Ramey Rieger (X) Jul 24, 2019:
Depending on your sentence structure Sovereign right holders/bearers. And everything I've read thus far, calls it sovereign right, without an 's'.
Ramey Rieger (X) Jul 24, 2019:
Proprietary rights I'm having trouble loading the link, but if it's the owners who have these rights and not the state, then it may fill the bill
https://www.google.com/search?q=sovereign right&rlz=1C1GCEA_...
philgoddard Jul 24, 2019:
This is all too vague for us to provide an answer, but it sounds something like system admins to me.
jccantrell (asker) Jul 24, 2019:
Hi phil Sorry, cannot give more context, but you can be sure it is not system admins or such. It has to do with certain capabilities of the system that can ONLY be used by these Trägern.
philgoddard Jul 24, 2019:
Are you sure your explanation is correct? Doesn't it just mean system administrators, ie people allowed to manage the system rather than simply using it?
We do need some German context, please.

Proposed translations

3 days 17 hrs
Selected

a person or entity exercising governmental/sovereign powers; a governmental authority

Based on
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...
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Hi folks. First, let me thank everyone. I did not think this question would create such a response. However, I gave the points to Björn because of his research. 'Sovereign' just did not sound right to my 'Merrican ears and I wanted something more in line with that. Björn found it. Thanks to everyone for the lively discussion and pointers."
36 mins

institutions/bearers of sovereign authority

"Breaking down Hobbes’s conception of a supposedly natural “war of all against all,” Solnit’s empiricism demonstrates that neighborhood societies of cooperation and mutual aid arise precisely when official institutions of sovereign authority have broken down, leaving no one to help the wounded or traumatized except for other survivors, neighbors, and health providers." https://ssir.org/book_reviews/entry/paradise_built_in_hell_e...

"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...
Something went wrong...
1 day 15 hrs

sovereign rights bearers

those who have the authority to exercise sovereign rights
Something went wrong...
1 day 17 hrs

(AmE) public (law enforcement) agents and agencies

Odd, I would have never thought of US police and military as 'sovereign entities' but, as Professors Wade & Phillips once wrote in their standard textbook on UK constitutional and administrative law: 'all debate may be misguided and misleading'.




Example sentence:

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.

Something went wrong...
2 days 9 hrs

sovereign entities/authorities

Since Björn hasn't posted it, I will. If he does, just ignore this, I'm off on vacation. I would keep the sovereign in there.
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search