Reference : The Interdependencies between Delegation, Discretion and the Duty of Care
Parts of books : Contribution to collective works
Law, criminology & political science : European & international law
Law / European Law
The Interdependencies between Delegation, Discretion and the Duty of Care
Hofmann, Herwig mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
Discretion in EU Law
Mendes, Joana
Hart Bloomsberg
[en] Discretion ; Delegation ; Care
[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.

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