ABSTRACT

We have focused on professional discretion that is exercised when members of different professions act as gatekeepers of the welfare state and make decisions, or make premises for decisions, about who is entitled to what. For many welfare rights, the eligibility criteria are vague, and discretion is necessary to determine who has a right to X. This may also apply to the entitlement clauses that specify to what one is entitled and when one has a right or a legitimate claim to X. Rights that are discretionary in one way or the other, or in both ways, give professionals a more or less extensive discretionary power. The legislator leaves it up to them to assess who is entitled to what.