As Formalidades Essenciais da União Europeia enquanto Direitos de Defesa e de Participação - Estudo sobre o Direito a uma Boa Administração

Raquel Oliveira Afonso

The Essential Procedural Requirements of the EU as Defence and Participation Rights – Study on the Right to a Good Administration

Authors

Raquel Oliveira Afonso Faculty of Law, University of Coimbra, Pátio da Universidade, 3004-528 Coimbra

Keywords:

European Union Law; Infringement of an Essential Procedural Requirement; Right to a Good Administration; Rights of Defence; Participation Rights

Abstract

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.