The Guises of and Guidance to Administrative Discretion in the European Court of Justice's Interpretation of EU Immigration Law

Abstract

In EU immigration law, national authorities enjoy a degree of discretion on various accounts. However, Union law and the Court of Justice's interpretation thereof impose standards conditioning the exercise of that discretion. This contribution suggests that the acknowledgment of national administrative discretion by Union law coincides with divergent standards of guidance thereto developed by the Court of Justice. It argues that this may be the result of a deliberate choice. If Member State administrative discretion threatens to compromise the effectiveness of Union law, Luxemburg may expound stricter standards indicating how discretion must be exercised in a specific situation.