Forvaltningsskøn

Forvaltningsskøn, often translated as administrative discretion or margin of appreciation, refers to the room for maneuver that public authorities have when making decisions within the framework of the law. It is a fundamental concept in administrative law, particularly in countries with civil law traditions. Forvaltningsskøn acknowledges that legislation cannot foresee every possible situation and that some degree of flexibility is necessary for effective governance.

The exercise of forvaltningsskøn is not arbitrary. It must be exercised within legal limits, following established principles of administrative law. This includes acting in accordance with the purpose of the law, proportionality, reasonableness, and non-discrimination. Authorities are expected to base their decisions on relevant considerations and avoid irrelevant ones. The process often involves weighing competing interests and choosing the most appropriate course of action.

Judicial review plays a crucial role in overseeing the exercise of forvaltningsskøn. Courts can examine whether the discretion has been exercised unlawfully, for instance, if it has been exceeded, misused, or based on incorrect factual premises. However, courts generally do not substitute their own judgment for that of the administrative authority unless the decision is demonstrably unreasonable or violates legal principles. The scope of judicial review varies by jurisdiction, but the core principle is to ensure that discretion is used responsibly and in the public interest.