This article aims to underline a ‘prospective overview’ of the possible developments which could arise if some innovative solutions adopted in recent European judgments are implemented by the domestic system of administrative law. Special will be paid to the safeguard of participatory rights in administrative proceedings. The right to participate in government administration is one way citizenship and democracy have been “vindicated – and reinvented – in modern times”[5]. The general assumption is that better informed citizens can actively and constructively contribute to decision making on policy issues[6]. The citizens’ actual participation in the decision-making process thus represents a crucial condition for their legitimacy. What is required is that basic liberties are guaranteed and that people also have participatory rights to initiate, influence and object to proposals in formal and informal proceedings[7]. This is a main topic of the all modern administrative law at national as well as at international level. The recent developments of the European case law could bring an original and significant contribution when the domestic administrative courts abide them by.
Improving participatory rights: the ECHR case law
MIRATE, SILVIA
2010-01-01
Abstract
This article aims to underline a ‘prospective overview’ of the possible developments which could arise if some innovative solutions adopted in recent European judgments are implemented by the domestic system of administrative law. Special will be paid to the safeguard of participatory rights in administrative proceedings. The right to participate in government administration is one way citizenship and democracy have been “vindicated – and reinvented – in modern times”[5]. The general assumption is that better informed citizens can actively and constructively contribute to decision making on policy issues[6]. The citizens’ actual participation in the decision-making process thus represents a crucial condition for their legitimacy. What is required is that basic liberties are guaranteed and that people also have participatory rights to initiate, influence and object to proposals in formal and informal proceedings[7]. This is a main topic of the all modern administrative law at national as well as at international level. The recent developments of the European case law could bring an original and significant contribution when the domestic administrative courts abide them by.
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