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