The Right to Be Heard in European Union Law and the International Minimum Standard- Due Process, Transparency and the Rule of Law

23 Pages Posted: 28 Jun 2018

See all articles by Jens Hillebrand Pohl

Jens Hillebrand Pohl

Maastricht University - Institute for Globalisation and International Regulation; Academy of European Law; University of Bern - World Trade Institute; Maastricht University - Department of International and European Law

Date Written: June 8, 2018

Abstract

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.

Keywords: Fundamental rights, customary international law, transparency

Suggested Citation

Pohl, Jens Hillebrand, The Right to Be Heard in European Union Law and the International Minimum Standard- Due Process, Transparency and the Rule of Law (June 8, 2018). Available at SSRN: https://ssrn.com/abstract=3192858 or http://dx.doi.org/10.2139/ssrn.3192858

Jens Hillebrand Pohl (Contact Author)

Maastricht University - Institute for Globalisation and International Regulation ( email )

Minderbroedersberg 4-6
Maastricht, 6211 LK
Netherlands

Academy of European Law ( email )

Metzer Allee 4
Trier, 54295
Germany

University of Bern - World Trade Institute ( email )

Hallerstrasse 6/8
Berne, CH-3012
Switzerland

Maastricht University - Department of International and European Law ( email )

Maastricht
Netherlands

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