The Dynamics of Interpretation and Context
Chapter 6: European Union procedures and human rights
The protection of procedural rights and guarantees in procedures conducted by EU institutions in the EU human rights jurisprudence is characterized by judicial interpretation, seeking to reconcile the interest of effective administration and procedures with the protection of those rights. The jurisprudence is influenced directly by its context. It recognizes that the conduct of EU procedures is subject to a robust expectation of effectiveness based on the general objective of securing the effective enforcement of EU law and that for this purpose the EU institutions, the EU Commission in particular, are granted broad discretionary powers and a choice of coercive and non-coercive instruments. It is, therefore, compelled to incorporate in the interpretation of the relevant rights and guarantees the interests of the EU administration relating to the effective conduct of procedures and the effective attainment of EU objectives.The jurisprudence in this domain follows the EU rule of law principle very closely. The protection of procedural rights and guarantees, the rights of the defence and the right to challenge decisions in judicial review in particular, is a direct manifestation of the formal aspects of the rule of law in the 'EU administrative state'. Its confrontation with the competing considerations of effectiveness, efficiency and economy in administration,expressed in the reconciliatory, balancing interpretation of EU procedural rights and guarantees, matches the conflict within the rule of law principle between its formal, conventional and unconventional, effectiveness-based aspects.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.