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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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On Discretion

On Discretion

(p.185) 8 On Discretion
The Coherence of EU Law

Roberto Caranta

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.

Keywords:   EU law, EC treaty, European law, judicial review, national courts, Germany, France, Italy, England

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