- Title Pages
- General Editors' Preface
- List of Contributors
- Table of Cases
- 1 Binding Unity in EU Legal Order: An Introduction
- 2 Experiences from Professional Practice: Some Steps towards Empirical Research
- 3 Translation at the Court of Justice of the European Communities
- 4 Rights in the European Landscape: A Historical and Comparative Profile
- 5 Rights in EU Law
- 6 EU Rights and Discretion as Reflected in Spanish Public Law
- 7 Protection of Rights: How Far?
- 8 On Discretion
- 9 Discretion, Divergence, and Unity
- 10 Divergence and the <i>Francovich</i> Remedy in German and English Courts
- 11 Stability and Flexibility in Administrative Decision Making: The Community Law Influence on Discretion with Respect to Administrative Decisions in German Law
- 12 Democracy and Direct Effect: EU and National Perceptions
- 13 Discretion and Public Policy: Timing the Unity and Divergence of Legal Orders
- 14 Laws at Cross-Purposes: Conceptual Confusion and Political Divergence<sup>1</sup>
- 15 Binding Unity and Divergence while Creating a Common European Culture of Energy Regulation
- 16 Conceptual Convergence and Judicial Cooperation in Sex Equality Law
- 17 On the Unity of European Labour Law
- 18 A Case of Multidirectional Constitutional Transplant in the EU: Infra-state Law and Regionalism
- 19 Back to the <i>Begriffshimmel</i>?<sup>1</sup> A Plea for an Analytical Perspective in European Law
- 20 Conceptual Divergence, Functionalism, and the Economics of Convergence
- 21 Towards an Internally Consistent Doctrine on Invoking Norms of EU Law
- (p.185) 8 On Discretion
- The Coherence of EU Law
- Oxford University Press
This chapter examines discretion in European legal systems. It reviews the modes of judicial review of discretion in Germany, France, Italy, and England. Recent cases suggest a new readiness on the part of Community Courts to review more stringently the decisions taken by Community institutions. However, as novel as these judgments may be, they are still very unstructured from the point of view of the analysis of discretion. Community Courts still pay lip-service to supposedly broad discretion; they do not distinguish between different types or degrees of discretionary decision as most national courts do. This leaves plenty of doubt as to whether and to what extent review has changed.
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