- Title Pages
- General Editors' Preface
- Acknowledgements
- List of Contributors
- Table of Cases
- Abbreviations
- 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
- Index
Discretion, Divergence, and Unity
Discretion, Divergence, and Unity
- Chapter:
- (p.217) 9 Discretion, Divergence, and Unity
- Source:
- The Coherence of EU Law
- Author(s):
Michiel Brand
- Publisher:
- Oxford University Press
This chapter examines some of the main points and characteristics associated with discretion. In particular, it attempts to lay bare the relations of discretion with conceptual divergence and, ultimately, how this may relate to the attainment or stimulation of unity within a legal system. It argues that discretion is a concept that relates strongly to divergence, subsidiarity, and decentralization. It could therefore be held that the granting of discretion from above by the ECJ often involves the sustenance as well as the creation of divergence, in many cases for the sake of upholding the unity of the EU system.
Keywords: conceptual divergence, EU law, European law, public policy, public order, unity, discretion, subsidiarity, decentralization
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- Title Pages
- General Editors' Preface
- Acknowledgements
- List of Contributors
- Table of Cases
- Abbreviations
- 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
- Index
