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Administrative Discretion in the EU: comparative and normative perspectives

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Event date: Friday, 28 February 2020 09:00 am - 05:00 pm
Place: University of Luxembourg
Room B.001 (Ground floor)
Weicker Building
4, rue Alphonse Weicker
L-2721 Luxembourg

Discretion lies at the heart of administrative law systems and of different legal and academic traditions on the relative role of courts and administrations in each constitutional system. The boundaries of different types of administrative discretion have also shifted as administrative systems evolved and expanded into new socio-economic areas. In different fields, procedures, norms and institutions directed at steering and controlling the exercise of administrative discretion are now fundamentally shaped by EU law, in composite systems created to advance or sustain European integration. We have gathered scholars whose work has dealt with administrative discretion, either as a focus or through their analysis of national or sectoral law, to bring together different perspectives on current forms which discretion might be taking, how legal systems may be adapting and on current debates on the relationship between law and discretion from their legal systems or fields of research.


9:00-9:15. Welcoming remarks


9:15-11:00. Comparative perspectives


Overcoming the Divided Nature of Administrative Discretion in Germany

Mattias Wendel (University of Bielefeld)

Discretionary power in France: past, present, and future of an aporie

François-Vivien Guiot (University of Pau and Pays de l'Adour)

Searching for a balance: the judicial control of discretionary powers in Italy

Barbara Marchetti (University of Trento)

11:20-13:30. Sectoral perspectives 

Rules and discretion in public procurement
Barbara Boschetti (Catholic University, Milan)

Judicial review of Commission discretion in setting fines for breaches of EU competition rules – the limits of unlimited jurisdiction

Hanns Peter Nehl (Court of Justice)

Discretion in environmental matters: what balance between assessment of complexity and development of procedural requirements?

Emilie Chevalier (University of Limoges)


Discretions and options in Banking Union

Daniel Sarmiento (University Complutense of Madrid) 


14:30-16:30. Rethinking administrative discretion 

The rule governing (administrative) action and the rule governing (judicial) control

J.M. Rodríguez de Santiago (Universidad Autónoma of Madrid)


Discretionary powers in administrative action: the impossibility of dogmatic distinctions

Joana Mendes (University of Luxembourg)


“Administrative discretion”, “power of appraisal” and “margin of appraisal” in judicial review proceedings before the General Court

Silvère Lefèvre (Court of Justice)


16:45-17:00. Conclusions 

Dolores Utrilla-Fernández Bermejo (University of Castilla-La Mancha)



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Data: Invitation 28 February 2020V2.pdf 371.04 kB