ARTICLE
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Quality of Decision-Making in Public Law - Right to Good Administration and Duty of Due Care in European Law and in US Law

Authors
Language
English
Pages
44
2009 / Vol. 21, No. 3, (73)
Digital Edition

Quality of Decision-Making in Public Law

Right to Good Administration and Duty of Due Care
in European Law and in US Law

Juli Ponce Solé

Profesor Titular of Administrative Law, University of Barcelona

The duty of care or due diligence, as a part of the right to good administration, is known in EU Member States and in the EU legal system. There are other duties connected to the right to good administration which are connected with the duty of care. This is the case of the duties of hearing and giving reasons. Although they are dif­ferent, they complement the duty of care or due diligence and oblige national pub­lic authorities to take into account carefully all the relevant facts (including EU rules and principles) and interests involved before reaching a decision. Moreover, this article reflects on the role of legislators, public authorities and judicial review in achieving the requirement of due care and good administration, using a com­parative perspective (in relation to the United States of America) and an interdisci­plinary approach (taking into account developments from the cognitive psychology that are being applied to the legal field).

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