Delegation, Discretion and the Duty of Care in the Case Law of the Court of Justice of the European Union

Forthcoming, Joana Mendes (ed.) “Executive Discretion, the Limits of Law and Public Interests” (2018).

University of Luxembourg Law Working Paper No. 2018-004

22 Pages Posted: 16 May 2018

Date Written: April 27, 2018

Abstract

This paper looks at the development the relation between the concepts of delegation, discretion, care and proportionality in EU law. This set of interlocking legal principles is primarily relevant for judicial review by the Court of Justice of the European Union (CJEU) and must be applied also by national courts in review of acts of Member States within the scope of EU law. The development of these highly dynamic principles contributes to the re-balancing the role of courts vis-à-vis the executive branch of powers currently under way. In order to explore these interrelations this paper first explores the notion of delegation of discretionary powers in EU law before looking at modes of review of discretionary powers through a developing principle of care in the context of proportionality review.

Suggested Citation

Hofmann, Herwig C.H., Delegation, Discretion and the Duty of Care in the Case Law of the Court of Justice of the European Union (April 27, 2018). Forthcoming, Joana Mendes (ed.) “Executive Discretion, the Limits of Law and Public Interests” (2018). ; University of Luxembourg Law Working Paper No. 2018-004. Available at SSRN: https://ssrn.com/abstract=3169744 or http://dx.doi.org/10.2139/ssrn.3169744

Herwig C.H. Hofmann (Contact Author)

Universite du Luxembourg ( email )

Luxembourg
Luxembourg

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