LIMITS OF THE DISCRETIONARY POWER ESTABLISHED THROUGH ENFORCING THE EUROPEAN PRINCIPLE OF PROPORTIONALITY

Oana Saramet () and Georgeta-Bianca Spirchez ()
Additional contact information
Oana Saramet: Faculty of Law, Transilvania University of Brasov, Romania
Georgeta-Bianca Spirchez: Faculty of Law, Transilvania University of Brasov, Romania

Perspectives of Law and Public Administration, 2018, vol. 7, issue 2, 260-269

Abstract: In the contemporary society, the constitutional and/or legal enshrinement of the discretionary power of the public authorities, including those from the public administration, is understandable, it is a true "given" that must have a legal recognition for them. This margin of appreciation, which gives these authorities the possibility to carry out, generically speaking, their activity in order to satisfy the public interest, must have some barriers imposed to limit their action solely to the boundaries imposed by the legislator. Always, as a true axiom, governors holding power will, at least, want to keep it within the limits held, if not even beyond the required legal "boundaries" imposed, in order to assign more prerogatives for themselves. However, in order to overcome this trend, it is also necessary to build a legal system of control, including judiciary, following which the actions of the authorities mentioned should be reframed into the legality matrix imposed by the legislator. The modalities, levers, limits set by the legislator in this respect consider various aspects, including principles, such as the principle of proportionality. This paper aims, by using the specific methods such as the comparative, grammatical, logical, systemic and teleological one, to capture not only the theoretical aspects regarding the discretionary power, the principle of proportionality, respectively the interconnections between them, but also the jurisprudential aspects regarding the limits set to the discretionary power by means of this principle, limits deriving from the judgments of the Court of Justice of the European Union.

Keywords: the principle of proportionality; discretionary power; limits; case-law; the Court of Justice of the European Union. (search for similar items in EconPapers)
JEL-codes: K10 K23 (search for similar items in EconPapers)
Date: 2018
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
http://www.adjuris.ro/revista/articole/an7nr2/19.% ... RCHEZ%20G.B._ENG.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:7:y:2018:i:2:p:260-269

Access Statistics for this article

More articles in Perspectives of Law and Public Administration from Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences) Contact information at EDIRC.
Bibliographic data for series maintained by Catalin-Silviu Sararu ().