Participation in European Union Rulemaking A Rights-Based Approach

by Mendes, Joana

• ISBN13: 9780199599769
• ISBN10: 0199599769
• Format: Hardcover
• Copyright: 2011-05-26
• Publisher: Oxford University Press

Summary

The aim of this series is to publish important and original research on EU law. The focus is on scholarly monographs, with a particular emphasis on those which are interdisciplinary in nature. Edited collections of essays will also be included where they are appropriate. The series is wide in scope and aims to cover studies of particular areas of substantive and institutional law, historical works, theoretical studies, and analyses of current debates, as well as questions of perennial interest such as the relationship between national and EU law and the novel forms of governance emerging in and beyond Europe. The fact that many of the works are interdisciplinary will make the series of interest to all those concerned with the governance and operation of the EU. Book jacket.

Author Biography

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 Institute (Florence) where she was awarded the Mauro Cappelletti Prize 2010 for the best doctoral thesis using a methodology of comparative law. She gained her master degree in Public Law in 2002 at the University of Coimbra. She has publications in different fields of public law, including EU administrative law, environmental law, and public administration.

Table of Contents

Abbreviations	p. xv
Table of Cases, Legislation and Other Acts	p. xvii
Introduction	p. 1
Approach and Aims	p. 1
Method and Sources	p. 6
Existing Literature and the Contribution of this Book	p. 12
Structure	p. 19
Unravelling Participation: A Rights-based Approach	p. 25
Participation: What's in a Word?	p. 26
Collaboration, Defence, and the Rule of Law	p. 32
Rights' Holders	p. 36
Participation, Individual Acts, and Regulations	p. 43
Participation and Legal Administrative Relationships	p. 61
Hurdles and Limits of Participation	p. 70
Rights-based Participation	p. 76
Participation beyond Procedural Rights	p. 78
Participatory Governance in the Making	p. 80
Institutional Practice: Participation Pervades	p. 96
The Turn to Participatory Governance	p. 120
From the 1950s to Lisbon	p. 138
EU Administrative Action, Procedural Guarantees, and Participation	p. 142
Legal Protection of Persons in EU Administrative Law	p. 144
The Right to be Heard	p. 161
Right to be Heard: Inner Formal Boundaries	p. 186
The Resilient Strength of Structure	p. 189
Participation Rights in EU Administrative Rule-making	p. 192
Outer Formal Boundaries of Participation Rights	p. 193
Participation Rights between Normative and Individual Acts	p. 206
Beyond Formal Boundaries: Legal Protection and Participation	p. 229
The Other Facets of Procedural Protection	p. 240
Unbinding Participation Rights	p. 265
The 'Lamfalussy Process', Consultation, and Participation Rights	p. 268
The Origins of the 'Lamfalussy Process'	p. 271
The Four-level Regulatory Structure	p. 273
'Active, Well Defined Involvement of Market Participants and Consumers'	p. 279
Consultation in Practice	p. 301
Consultation and Rights-based Participation	p. 304
Concluding: Legal and Non-legal Dimensions of Participation	p. 316
Participation Rights in EU Food Law	p. 319
Contextualizing: EU Food Law and Models of Administrative Action	p. 320
Administrative Procedures	p. 330
Market Authorizations and Administrative Relationships	p. 352
Matching Administrative Powers and Participation	p. 376
Participation Rights in State Aid	p. 380
Participation Rights: The Treaty and the Case Law	p. 382
Participation Rights, Rationales, and 'Parties Concerned' Reconstructed	p. 403
Participation Rights in Administrative Rule-making	p. 425
Weaving Loose Threads	p. 446
Conclusions	p. 449
Pervasive Participation, Fading Participation Rights	p. 449
The Right to be Heard: The Matrix of Individual Procedures	p. 454
Participation Rights in EU Rule-making: Exclusion on Formal Grounds	p. 456
A Rights-based Approach	p. 461
A Matter of Paradigm and Normative Coherence	p. 468
Bibliography	p. 471
Index	p. 495
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