The Legal Framework for Digital Service Providers

Abstract

This research examines the concept of administrative discretion within the public service, demonstrating how this authority serves as a vital mechanism for the administration to achieve its objectives—chief among which are fulfilling the public interest and ensuring the regular and continuous operation of public utilities. The study aims to elucidate the nature of this discretionary power, the legal parameters governing it, and the oversight mechanisms to which it is subjected. The findings indicate that while administrative discretion is an essential instrument for optimal administrative functionality, it is by no means absolute. Rather, it is strictly bound by statutory provisions and judicial review, thereby preventing administrative abuse of power regarding decisions affecting public employees and safeguarding them against arbitrary actions.