• Janis Neimanis Supreme Court of Latvia
Keywords: administrative proceedings, discretion of institution, discretionary powers, types of discretion of institution


The article considers discretion enjoyed by institutions. Discretion enjoyed by institutions implies that law grants а right to choose between various legal implications for the person who applies the law. Discretion is а legislative tool which helps achieve а high level of fairness in an individual case. Discretion of institutions provided by lawmakers enables an institution to consider the specific circumstances of а specific situation and reach а fairer result. However, even such “freedom” imposes an obligation on the institution to apply it in а responsible and correct manner. Discretion does not mean that the institution is granted absolute “freedom” or arbitrariness. The scope of control of discretion in а higher institution and а court differs. А higher institution independently carries out all feasibility assessments for а second time based on merit, ultimately reaching а similar or different result. The courts can verify the validity of the activities undertaken by the public administration: a) failure to use discretion; b) abuse of discretion; c) misuse of discretion. The courts do not have the right to take а decision on the most appropriate result since it leads to violation of the principle of separation of powers.

How to Cite
NeimanisJ. (2020). DISCRETION OF INSTITUTIONS. Administrative Law and Process, (4(27), 41-46. https://doi.org/10.17721//2227-796X.2019.4.04
General administrative law