| Autor: |
Prek, Miro, Lefèvre, Silvère |
| Zdroj: |
Common Market Law Review; March 2019, Vol. 56 Issue: 2 p339-380, 42p |
| Abstrakt: |
This contribution focuses on the discretion enjoyed by the EU administration when it implements EU law as well as the intensity of review of that discretion by the General Court. It is argued that “administrative discretion” should not be treated as a homogeneous concept, since different forms of discretion exist which do not call for the same level of judicial scrutiny. A distinction could be drawn between, on the one hand, the “discretion proper” or “power of appraisal” conferred on the administration by the Treaty or the legislature and, on the other hand, the “technical discretion” or “margin of appraisal” that merely results from judicial self-restraint in view of the complexity of the assessments carried out by the administration. While the General Court is bound to respect the former under the principle of separation of powers, in relation to the latter it should be open to the General Court to increase the intensity of its review when it considers this necessary and is in a position to do so. |
| Databáze: |
Supplemental Index |
| Externí odkaz: |
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