NCJ Number
44399
Editor(s)
K C DAVIS
Date Published
1976
Length
213 pages
Annotation
THE EXERCISE OF DISCRETIONARY POWER BY EUROPEAN PROSECUTORS, WELFARE ADMINISTRATORS, IMMIGRATION OFFICERS, ECONOMIC REGULATORS, AND OFFICERS WHO AWARD SUBSIDIES IS EXAMINED.
Abstract
THE EUROPEAN STUDY GREW OUT OF A SIMILAR INQUIRY INTO THE DISCRETIONARY POWERS OF POLICE, PROSECUTORS, AND ADMINISTRATORS IN THE UNITED STATES. FINDINGS FROM INTERVIEWS WITH ADMINISTRATORS AND FROM REVIEWS OF FILES ARE PRESENTED RELATIVE TO THE FOLLOWING: THE PROSECUTOR'S OFFICE IN WEST GERMANY; APPLICATION OF COMMON MARKET ANTITRUST RULES BY THE COMMISSION OF THE EUROPEAN COMMUNITIES; ENFORCEMENT OF THE NUISANCE ACT IN THE NETHERLANDS; THE FAMILY GUIDANCE CENTER IN COPENHAGEN, DENMARK; GENERAL ASSISTANCE IN THE NETHERLANDS; STATE GRANTS FOR THE SOUTH OF ITALY; TAX RELIEF CONTRACTS IN FRANCE; AND ADMINISTRATION OF THE DUTCH POLICY FOR OPTION-REGRETTERS (PERSONS OF MIXED DESCENT IN INDONESIA WHO CHOSE INDONESIAN RATHER THAN DUTCH NATIONALITY AND LATER REGRETTED THEIR CHOICE). EACH STUDY REPORT IS ACCOMPANIED BY A COMPARISON BETWEEN SITUATIONS IN EUROPE AND THE UNITED STATES. TWO MAJOR CONCLUSIONS ARE DRAWN: (1) IN LIGHT OF THE PROSECUTION SYSTEM USED IN GERMANY, AMERICAN ATTITUDES AND PRACTICES WITH REGARD TO UNCONTROLLED PROSECUTORIAL DISCRETION SHOULD BE REEXAMINED; AND (2) EUROPEANS SHOULD CONSIDER GIVING MORE ATTENTION TO PROBLEMS OF JUSTICE IN ADMINISTRATION, AS DISTINGUISHED FROM PROBLEMS OF JUSTICE IN THE ADMINISTRATIVE COURTS. FOR A SEPARATE ABSTRACT OF THE STUDY ON GERMAN PROSECUTORS, SEE NCJ-44400.