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Aufgreifermessen

English translation: discretionary jurisdiction

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Aufgreifermessen
English translation:discretionary jurisdiction
Entered by: Cassandra Greer
Options:
- Contribute to this entry
- Include in personal glossary

11:38 Aug 26, 2002
German to English translations [PRO]
Law/Patents / power industry, anti-trust
German term or phrase: Aufgreifermessen
Here is the paragraph from hell: Is it just me or is this an incredibly badly written paragraph? (Please say it's not me!)

Anyway this whole thing is frying my brain! ANY help is appreciated!

"Reduziert man sind grundsätzliches Aufgreifermessen (zum Einschreiten in einem bestimmten Fall), so entspricht man der europarechtlichen Intention, eine außergerichtlich und bindend entscheidende Stelle zu finden."

"intervention discretion" is my first guess for Aufgreifermessen, which itself has 11 hits in Google most of which pertain to the same subject I'm dealing with - power industry regulation and anti-trust actions.
Cassandra Greer
Local time: 04:37
intervention discretion
Explanation:
just seems perfect to me. Now for the sentence, there is at least one serious error in the first part, and I can't decide, what it is. Is it - from the sentence befor - conceivable, that it should be "sein" instead of "sind"? Your translation of the rest seems quite o.k.; however I doubt, that one would translate found to finden, so may be the other way round also it's saver to choose find in Englis´h.
Greetings,

Nikolaus
Selected response from:

Elisabeth Ghysels
Local time: 04:37
Grading comment
Thanks for the moral support from all of you! Let's see what the publisher says :)
4 KudoZ points were awarded for this answer

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Summary of answers provided
4Estimation of fundamentally concepts.mergim
4Try this sentence:
Dr. Fred Thomson
3See suggested translation:Beate Lutzebaeck
3intervention discretion
Elisabeth Ghysels


Discussion entries: 3





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
Estimation of fundamentally concepts.


Explanation:
I think this translation "ad sensum" will help. Good luck Cassandra.

mergim
United States
Local time: 22:37
PRO pts in pair: 7

Peer comments on this answer (and responses from the answerer)
neutral  Trudy Peters: This is bad English!
3 hrs
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
Try this sentence:


Explanation:
If one is reduced to taking basic measrues (or steps), then one will conform with (or follow) the European intention of finding an out-of-court authority that has the power to make binding decisions. (i.e., an arbitration authority)
It appears clear that someone has translated this sentence from another language into German and has made a total mess of it. Any translationinto English will be based upon conjecture.

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Note added at 2002-08-26 13:11:26 (GMT)
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My hope is that my attempt here will give you (or others) some ideas that may lead to a decent translation.

Dr. Fred Thomson
United States
Local time: 20:37
Native speaker of: English
PRO pts in pair: 5861
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
intervention discretion


Explanation:
just seems perfect to me. Now for the sentence, there is at least one serious error in the first part, and I can't decide, what it is. Is it - from the sentence befor - conceivable, that it should be "sein" instead of "sind"? Your translation of the rest seems quite o.k.; however I doubt, that one would translate found to finden, so may be the other way round also it's saver to choose find in Englis´h.
Greetings,

Nikolaus


    Reference: http://www.osiris.gov.au/html/decision_summaries/0/93/0/RA00...
Elisabeth Ghysels
Local time: 04:37
PRO pts in pair: 971
Grading comment
Thanks for the moral support from all of you! Let's see what the publisher says :)
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9 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
See suggested translation:


Explanation:
First of all, while grammatically incorrect, the German sentence is not a total mess. I shouldn't think is has been translated from any other language, it is rather a case of the author having two thoughts in their head at the time and muddling them up while writing them down (and then omitting to proof the document afterwards - it happens).

My guess would be that the sentence should read "Reduziert man dies auf ...", and that's basically how you yourself have translated the sentence. I would therefore make only these minor changes to your translation:

"If you reduce this to a basic [fundamental] discretionary jurisdiction [power] [authorisation] [authority] (for intervention in specific cases), this would conform to the intention of European legislation, i.e. to determine a decision-making agency that is not a court and whose decisions will be binding."

This is obviously about establishing an antitrust authority that is able / authorised to decide at its own discretion if and when to intervene in cases of perceived violations.

Now, I'm not familiar with the term "intervention discretion" and of those 18 Google hits I got for this term, non is relevant. The German Aufgreifermessen means to have the freedom (Ermessensfreiheit = discretionary power) to intervene, i.e. the Befugnis, Ermessensentscheidungen vorzunehmen (= discretionary jurisdiction).

In any case, the garbled grammar of the German sentence merits a translator's note, as a translation can only be based on conjecture.

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Note added at 2002-08-26 21:29:47 (GMT) Post-grading
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I must say I\'m quite astounded by Cassandra\'s decision to enter the term \"intervention discretion\" into the glossary, as the document cited by Nikolaus does not even contain this term but \"- intervention - discretion -\" in a row of several different key words. What\'s the point of trying to help, if the asker does not even check the relevance of the sources for herself and then proceeds to enter terms into the glossary that do not, as such, exist in the English language nor reflect the meaning of the German term?


    Dietl/Lorenz
Beate Lutzebaeck
New Zealand
Local time: 15:37
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079
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