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Mendes, Joana --- "Administrative discretion in the EU: comparative perspectives" [2017] ELECD 1119; in Rose-Ackerman, Susan; Lindseth, L. Peter; Emerson, Blake (eds), "Comparative Administrative Law" (Edward Elgar Publishing, 2017) 632

Book Title: Comparative Administrative Law

Editor(s): Rose-Ackerman, Susan; Lindseth, L. Peter; Emerson, Blake

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784718657

Section: Chapter 38

Section Title: Administrative discretion in the EU: comparative perspectives

Author(s): Mendes, Joana

Number of pages: 18

Abstract/Description:

This chapter examines law's role in structuring administrative discretion in the EU. Based on a comparative analysis, it deconstructs a prevailing distinction between discretion to make policy choices and discretion in conducting technical assessments, which stems from a judicial paradigm of discretion. It proposes a public interest-regarding conception of discretion that, in an institutional context where courts may have a limited reviewing role, approaches law's relationship to discretion as a matter of how legal norms may operate in the spheres of discretion that they attribute to decision-makers, rather than as a matter of how courts may review discretion.