Theory has developed around the question of judicial control of the exercise of administrative discretion and the balance of powers, balancing human rights and more ‘economic’ reasons of efficiency and effectiveness. Underlying assumptions about functioning of the executive authorities within a legal order influence the judicial control. Democratic trust of citizens in the government is one reason for restricted judicial control of administrative decisions. Expertise of authorities is another reason. In this paper I address these questions looking into the effect of case law of the European Court of Justice (CJEU) in one particular field of government action: asylum law. According to Torubarov (CJEU Case 556/17) and article 47 Charter of Fundamental Rights EU courts have the power to overturn administrative decisions in the granting of international protection. Will this development however also contribute to gaining trust in governmental action in asylum cases?
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!