Chapter

Unravelling Participation: A Rights‐based Approach

Joana Mendes

in Participation in EU Rule-Making

Published in print March 2011 | ISBN: 9780199599769
Published online September 2011 | e-ISBN: 9780191729195 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199599769.003.0002

Series: Oxford Studies in European Law

Unravelling Participation: A Rights‐based Approach

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Chapter 2 explains the conceptual framework on which the book is based. The concept of participation adopted singles out a rights-based approach to participation from other forms of participation. It is built by reference to the functions of participation — protection of human dignity and pursuance of material justice — and to the persons who are entitled to access the procedure. Furthermore, the reasons and limits of the distinction between rulemaking and individual determinations for purposes of participation are analysed and criticised. This issue is also examined by referring to selected national administrative laws. This chapter further proposes the concept of legal administrative relationship as the framework for the recognition and interpretation of participation rights. Finally, participation rights are characterised as relative rights, given that, in justified circumstances, incompatible requirements of decision-making may prevail; in any case, this contingency needs to be framed within specific limits, an aspect which is also addressed in this chapter.

Keywords: concepts of participation; rights-based participation; human dignity; material justice; rulemaking; general administrative acts; legal administrative relationships

Chapter.  23754 words. 

Subjects: EU Law

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