ACELG Discussion Group: Third Session
Tuesday, 3 November 2009, 1 p.m. University of Amsterdam, Faculty of Law, room E 3.03
Participation and participation rights in EU law and governance
The following paper will be discussed:
Joana Mendes, "Participation and participation rights in EU law and governance" , in: Herwig Hofmann and Alexander Tuerk (eds), Legal Challenges in EU Administrative Law. Towards an Integrated Administration, Edward Elgar, 2009
This book chapter is a criticism of the European Courts' restrictive approach to participation rights. The right to be heard is primarily granted to addressees of unfavourable administrative decisions or, at any rate, to those directly and individually concerned by them. As such, its scope is limited to procedures leading up to the adoption of individual decisions. These limits lead to a mismatch between the powers exerted by the EU administration and the procedural guarantees that are accorded to the persons affected. In contrast to the Courts' stance, the author puts forward criteria that may lead to the recognition of participation rights in a way that better suits the requirements of the rule of law as well as a paradigm of EU administrative law that is respectful of the rights and legally protected interests of the citizens. This book chapter is based on the author's PhD Thesis - Rights of participation. A rights-based approach to participation in administrative rulemaking - defended at the European University Institute on March 16th 2009.
Venue: University of Amsterdam, Faculty of Law, room E 3.03
Time and Date: Tuesday, 3 November 2009, 1 p.m.
Everybody is warmly invited to join. However, participants are expected to have read the article in order to to be able to fully engage in the discussion.
If you do wish to attend, please sign up to request the papers.
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