Participation In European Union Rulemaking: A Rights-based Approach by Joana MendesParticipation In European Union Rulemaking: A Rights-based Approach by Joana Mendes

Participation In European Union Rulemaking: A Rights-based Approach

byJoana Mendes

Hardcover | April 17, 2011

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The limited scope of participation in the making of EU law remains a continued source of controversy, featuring prominently in recent institutional and political developments that have been shaping the EU's constitutional framework - most intensely in the follow up of the Commission's WhitePaper on Governance. Yet little attention has been paid to participation rights as a means of ensuring the procedural protection of persons affected by EU regulation in its diverse forms. This is a dimension of the rule of law that has been largely ignored by EU legislative and judicial bodies. Notonly the legislator, but also the Court of Justice and the Court of First Instance tend to adhere to excessively formal conceptions of participation rights that are premised on the right to be heard in individual procedures, as well as to a restrictive view regarding the relationships between thecitizens and the administration. This book shows why, in the face of new regulatory developments, these conceptions are currently inadequate to ensure the legal protection of rights and interests affected by EU regulation.Combining a conceptual analysis with thorough empirical scrutiny, this book assesses the scope of participation rights in EU law against their rationales and underlying legal values. It makes a case for the extension of participation rights to new situations and new types of procedures, inparticular those that would generally fall within the category of rulemaking. It brings distinct normative insights into a crucial theme of EU administrative law, and makes a topical and timely contribution to the increasingly notable theme of public participation in EU regulation.
Joana Mendes is a post-doctoral researcher at the Amsterdam Centre of European Law and Governance (University of Amsterdam) and a lecturer at the Research Centre of Environmental and Urban Law Studies of the Law School of the University of Coimbra (CEDOUA). She obtained her doctoral degree in Law in 2009 at the European University Ins...
Title:Participation In European Union Rulemaking: A Rights-based ApproachFormat:HardcoverDimensions:528 pagesPublished:April 17, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199599769

ISBN - 13:9780199599769

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Table of Contents

1. Introduction2. Unravelling participation: a rights-based approach3. Participation beyond procedural rights4. EU administrative action, procedural guarantees and participation5. Participation rights in EU administrative rulemaking6. The 'Lamfalussy process': consultation and participation rights7. Participation rights in food law8. Participation rights in state aid9. Conclusions