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Article: Judicial review of European administrative procedure.
- Article from:
- Law and Contemporary Problems
- Article date:
- December 22, 2004
- Author:
CopyrightCOPYRIGHT 2004 Duke University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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INTRODUCTION
"Form is the sworn enemy of arbitrariness, the twin sister of liberty." (1) In this spirit, the role of a well-regulated administrative process in securing liberty has been emphasized repeatedly. Like its Member States, the European Community (EC) has submitted itself to the principle of the rule of law, including the obligation to adhere to impartial and fair administrative procedure.
This Article examines the requirements set down in the case law of the Court of Justice and the Court of First Instance that serve to guarantee a fair and impartial administrative process. It also considers whether improvements should be made to ...