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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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Participation Rights in EU Administrative Rule‐making

Participation Rights in EU Administrative Rule‐making

(p.192) Chapter 5 Participation Rights in EU Administrative Rule‐making
Participation in EU Rule-Making

Joana Mendes

Oxford University Press

Chapter 5 examines the Courts' approach to participation in rulemaking procedures analysing in depth the Courts' leading ruling on this matter (Atlanta). It argues that the different positions of the Court on the right to be heard in individual procedures, on the one hand, and rulemaking procedures, on the other, are grounded in the same premise: the preconception regarding the structure of the procedure characterised in Chapter 4. The reasons why the Courts excluded general acts from the realm of participation rights — representative democracy, institutional balance, and inaccurate classification of legal acts — are scrutinised and criticised. Furthermore, this chapter argues that the concept of participation rights adopted in the book may contribute to surmount the shortcomings of the Courts' approach. Finally, it analyses the possible impact of the modifications proposed on the scope of other procedural guarantees: access to information, the duty to state reasons, the duty of careful and impartial examination and language rights.

Keywords:   administrative rulemaking, representative democracy, institutional balance, classification of legal acts, normative acts, access to information, duty to state reasons, duty of care, language rights

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