So the thesis includes a more precise definition of those concepts in connection with the basic principles whichthat must be strictly observed, for the lawful administrative decision on the basis of a discretion isto be legal. Discretionary right must not be arbitrary or unlawful. The discretionary right is granted to the administrative body solely and only on the basis of a statutory or subordinate norm, but it encounters several limitations. The administrative decision must be issued within the limits of the authorization, in accordance with the purpose of the given authorization, but must also be justified and reasoned. These restrictions are challenging the presumption of arbitrary action by the competent authority. However, since in practice there is a violation or abuse of discretion, appropriate remedies are provided to each individual as legal protection in case of unlawful interference with the rights, obligations or other legal advantages of the parties to the proceedings. For a broader view of the discretionary right, the final work also includes the comparison with its regulation among some other European countries and the relationship between the institute's discretion and unspecified legal concepts.

The text above was approved for publishing by the original author.

Previous       Next

Try for free

Please enter your message
Please choose what language to correct

Press here if you need to proofread a whole web page.

eAngel.me

eAngel.me is a human proofreading service that enables you to correct your texts by live professionals in minutes.