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The Coherence of EU LawThe Search for Unity in Divergent Concepts$
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Sacha Prechal and Bert van Roermund

Print publication date: 2008

Print ISBN-13: 9780199232468

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199232468.001.0001

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EU Rights and Discretion as Reflected in Spanish Public Law

EU Rights and Discretion as Reflected in Spanish Public Law

Chapter:
(p.123) 6 EU Rights and Discretion as Reflected in Spanish Public Law
Source:
The Coherence of EU Law
Author(s):

Ricardo Alonso García

Leonar Moral Soriano

Carmen Plaza Martín

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199232468.003.0006

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.

Keywords:   European Court of Justice, European law, Spain, rights, discretion, public law, EU law, EC rights

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