This chapter addresses the general principles of EU law concerning procedural justice. It does so using two sets of procedural rights: first, the right to good administration, and second, the right to an effective remedy. These procedural rights are central to ensuring the rule of law in the EU legal system and the accountability of the exercise of public functions in the EU. The chapter traces the development and role of these procedural principles and rights in the EU in very broad strokes. It does so in three steps: it starts by briefly outlining the scope of application of the procedural general principles of EU law to sketch the depth and breadth of rights protected in this context (II). It then undertakes a quantitative assessment of references to procedural rights in the case-law of the Court of Justice of the EU (CJEU) (III). The chapter finally concludes discussing some possible explanations for the rise of procedural rights in EU law as general principles of procedural justice. We discuss how some of the difficulties arising from the existing situation can be remedied by the introduction of an EU regulation on administrative procedures (IV).
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Front Matter
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PART I: FOUNDATIONS AND PERSPECTIVES FROM INTERNATIONAL AND COMPARATIVE LAW
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PART II: COMPETENCES
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PART III: STRUCTURAL AND FORMAL CONSTITUTIONAL PRINCIPLES
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PART IV: CONSTITUTIONAL FOUNDING VALUES
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PART V: EQUAL TREATMENT AND NON-DISCRIMINATION
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PART VI: FREE MOVEMENT AND INTERNAL MARKET
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PART VII: PRIVATE LAW
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PART VIII: AREA OF FREEDOM, SECURITY AND JUSTICE
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PART IX: EXTERNAL RELATIONS
