TY - UNPB
T1 - The Right to be heard in European Union law and the international minimum standard
T2 - Due process, transparency and the rule of law
AU - Pohl, Jens Hillebrand
PY - 2018/6/8
Y1 - 2018/6/8
N2 - The right to be heard is well known as a fundamental right of the European Union legal order. Less well known is its relation to customary international law predating international human rights law. This paper sets forth two arguments. First, the right to be heard enshrined in the Charter of Fundamental Rights of the EU must be interpreted in conformity with the right to be heard as protected under the customary international minimum standard of treatment of aliens. Second, the latter standard implies that the right to be heard is an emanation of the broader concept of adjudicatory transparency, which is a primary aspect of the rule of law, with the extended implication that the right to be heard serves to enable individuals to participate in and influence adjudicatory decision-making by engaging in a rational dialogue with the decision-making authority.
AB - The right to be heard is well known as a fundamental right of the European Union legal order. Less well known is its relation to customary international law predating international human rights law. This paper sets forth two arguments. First, the right to be heard enshrined in the Charter of Fundamental Rights of the EU must be interpreted in conformity with the right to be heard as protected under the customary international minimum standard of treatment of aliens. Second, the latter standard implies that the right to be heard is an emanation of the broader concept of adjudicatory transparency, which is a primary aspect of the rule of law, with the extended implication that the right to be heard serves to enable individuals to participate in and influence adjudicatory decision-making by engaging in a rational dialogue with the decision-making authority.
UR - https://cerim.maastrichtuniversity.nl/publications/cerim-online-paper-series
U2 - 10.2139/ssrn.3192858
DO - 10.2139/ssrn.3192858
M3 - Working paper
T3 - CERiM Online Paper Series
BT - The Right to be heard in European Union law and the international minimum standard
PB - Maastricht University
CY - Maastricht
ER -