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Administrative Discretion

The authority's room to make a choice.

In a discretionary decision, the authority may choose between several options, but it must do so in accordance with its duty and proportionately. Errors in the exercise of discretion (for example arbitrary decisions) make the decision challengeable.

The relevant statutes

§ 40 VwVfG

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General explanation for self-help, not legal advice (RDG). Individual cases may differ: if in doubt, contact a consumer advice center or a lawyer.