Posted by Élise Hendrick under Uncategorized
Problems tend to arise, however, in attempting to distinguish in translation between "wird erteilt", "ist zu...", "soll", and "kann". The distinction here is quite central to statutory construction in Germany. One of the fundamental questions one asks when construing a statute is whether it is an Ist-Vorschrift, a Soll-Vorschrift, or a Kann-Vorschrift. The answer to this question - readily determinable from the statutory language - has wide-ranging consequences.