Chapter

EU Administrative Action, Procedural Guarantees, and Participation

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/9780199599769.003.0004

Series: Oxford Studies in European Law

EU Administrative Action, Procedural Guarantees, and Participation

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Chapter 4 examines the limits of the position of the Luxembourg Courts on participation, by analysing their case law on the right to be heard in the adoption of administrative decisions. This analysis is introduced by a brief overview of how the procedural protection of the individual has been devised in European law. This overview draws on the relationship between procedural protection and judicial review, characterises the general approach of the European legislator in this regard, and highlights the importance of the Courts' role in the development of participation rights. It is shown, in particular, how the Courts' stance has been predetermined by the conception of the procedure as entailing a bilateral relationship between the deciding body and the addressee of the decision or, more generally, the persons thereby affected.

Keywords: procedural protection; judicial review; right to be heard; bilateral relationships; administrative decisions

Chapter.  24334 words. 

Subjects: EU Law

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