The Interdependencies between Delegation, Discretion and the Duty of Care

Reference : The Interdependencies between Delegation, Discretion and the Duty of Care


	Document type :	Parts of books : Contribution to collective works
	Discipline(s) :	Law, criminology & political science : European & international law
	Focus Areas :	Law / European Law
	To cite this reference:	http://hdl.handle.net/10993/38373

Title :	The Interdependencies between Delegation, Discretion and the Duty of Care
Language :	English
Author, co-author :	Hofmann, Herwig [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
Publication date :	2019
Main document title :	Discretion in EU Law
Editor :	Mendes, Joana
Publisher :	Hart Bloomsberg
Pages :	220-238
Peer reviewed :	Yes
City :	Oxford
Country :	UK
Keywords :	[en] 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.
Permalink :	http://hdl.handle.net/10993/38373

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