In the system of continental law (Roman-German), the term „discretionary law” from the theoretical and scientific point of view is absent. Though these years some scientists, European theoreticians, have studied this aspect of application of law, using the notion „discretionary law”, in laws, other normative acts this notion is not defined. However, the absence of some research, fundamental studies of the notion „discretionary law”, the absence of its definition in the normative acts does not mean that the continental (European) law does not know the concept of application of certain juridical norms, of certain dispositions from law at the discretion of decision making factors of all the three branches of the state administration. It is widely applied. As an example can serve the legislation of the Federal Republic of Germany.