Contribution to collective works (Parts of books)
The Interdependencies between Delegation, Discretion and the Duty of Care
Hofmann, Herwig
2019In Mendes, Joana (Ed.) Discretion in EU Law
Peer reviewed


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Keywords :
Discretion; Delegation; Care
Abstract :
[en] This chapter looks at the development of a set of interlocking legal principles to hold the delegation of discretionary powers to account: notably the duty of care and the principle of proportionality. The relation between the concepts of delegation, discretion, care and proportionality are are not always very clearly established in EU law. Therefore, this chapter seeks to undertake a ‘reconnaissance mission’ and trying to explain which principles of review are developing and why. This chapter then seeks to link the developments in an attempt to obtain a clearer view of the overall picture of ensuring effective yet accountable executive decision making in the EU.
Disciplines :
European & international law
Author, co-author :
Hofmann, Herwig  ;  University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit
External co-authors :
Language :
Title :
The Interdependencies between Delegation, Discretion and the Duty of Care
Publication date :
Main work title :
Discretion in EU Law
Editor :
Mendes, Joana
Publisher :
Hart Bloomsberg, Oxford, United Kingdom
Pages :
Peer reviewed :
Peer reviewed
Focus Area :
Law / European Law
Available on ORBilu :
since 18 January 2019


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