09:30 - 11:10
P1-S20
Room: 1A.04
Chair/s:
Heiner Janus
Discussant/s:
Alicia Noëllie Saes-Louarn
Technocracy under the veil of discretion: Selective use of discretion in public administration
P1-S20-5
Presented by: Alicia Noëllie Saes-Louarn
Alicia Noëllie Saes-Louarn
ARENA, Centre for European Studies, University of Oslo
The article investigates the impact of administrative discretion on European Union law compliance. Three cases of non-compliance exemplify discrepancies in the application of EU law in Norway, despite Norway’s obligation to fully comply. In these cases, the Norwegian legal framework granted a level of discretion to government agencies that exceeds what is permitted under EU law. To explore why non-compliance happened, the article draws on a large-N survey data and interviews with senior bureaucrats from 2023 and a document analysis. The research assesses the role of discretion, identifying which discretionary approach, whether driven by political responsiveness or legal coherence, is more likely to result in non-compliance. Results show that the discretionary approach used to address complexity is justified and framed within a technocratic regime. Norwegian bureaucrats exhibit a technocratic ethos, justifying their discretionary practices through reference to democratic considerations, and reflecting a commitment to national priorities.

Keywords: Administrative discretion, European Union law, mixed-method, political responsiveness, public administration.

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