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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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(p.449) Chapter 9 Conclusions
Participation in EU Rule-Making

Joana Mendes

Oxford University Press

Chapter 9 summarises the conclusions of the book. Participation is a constitutional feature of the EU, but participation rights are not sufficiently encompassing in EU administrative law. The exclusion of participation rights from rulemaking procedures is due to an excessively formalistic conception of the right to be heard in individual procedures remains. However, this exclusion is not justified as a matter of principle. The limits placed by the Courts to participation rights ought to be overcome. Participation rights are justified where the regulatory activity of the EU shapes legal administrative relationships: when their acts either define or decisively determine the content of the rights, interests, duties and charges recognised to or impinging upon the persons concerned. Effectiveness concerns may justify limits to participation rights, but cannot ground an a priori rejection of such rights. The proposed extension would favour a paradigm of EU administrative law more consonant with constitutional features of EU law.

Keywords:   participation, participation rights, rulemaking, legal administrative relationships, effectiveness, rule of law

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