EU Rights and Discretion as Reflected in Spanish Public Law
This chapter focuses on the main features and problems that the concepts of ‘rights’ and ‘discretion’ pose in Spanish law and on how such concepts influence the process of implementing EC law by national authorities. It looks at the way they are actually used in some EC instances and to what extent they diverge from the way in which they are used in Spain. First, the chapter gives an outline of the relevance of the concepts of rights and discretion in Spanish law. Second, it deals with the notion of rights and discretion as developed by the ECJ's case law in order to identify parallels or differences, i.e., convergences and divergences in the way they have been conceived and are used in the Spanish legal system. Finally, it studies the reception of EC rights and discretion in Spanish public law.
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