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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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EU Administrative Action, Procedural Guarantees, and Participation

EU Administrative Action, Procedural Guarantees, and Participation

Chapter:
(p.142) Chapter 4 EU Administrative Action, Procedural Guarantees, and Participation
Source:
Participation in EU Rule-Making
Author(s):

Joana Mendes

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199599769.003.0004

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

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