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Participation in EU Rule-MakingA Rights-Based Approach$
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Joana Mendes

Print publication date: 2011

Print ISBN-13: 9780199599769

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199599769.001.0001

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Unravelling Participation: A Rights‐based Approach

Unravelling Participation: A Rights‐based Approach

Chapter:
(p.25) Chapter 2 Unravelling Participation: A Rights‐based Approach
Source:
Participation in EU Rule-Making
Author(s):

Joana Mendes

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199599769.003.0002

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

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