Abstract

AFONSO, Rafael Oliveira. The Essential Procedural Requirements of the EU as Defence and Participation Rights - Study on the Right to a Good Administration. e-Pública [online]. 2020, vol.7, n.3, pp.172-209.  Epub Jan 22, 2022. ISSN 2183-184X.  https://doi.org/10.47345/aykm9289.

This paper focuses on the essential procedural requirements arising from the right to a good administration. The case-law of the CJEU subsumes them to the principle of respect for the rights of the defence. Is this qualification consistent with the (in)consequences that the Court draws from its violation? By answering this question it’s proposed the qualification of those procedural requirements as participation rights.

Keywords : European Union Law; infringement of an essential procedural requirement; right to a good administration; rights of defence; participation rights..

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