Publication Date:
2022
Citation:
Il 'terzo' nei procedimenti amministrativi europei / A. Monica - In: Jacques Ziller a European Scholar / [a cura di] D. Fromage. - Prima edizione. - Firenze : European University Institute (EUI), 2022. - ISBN 978-92-9466-348-1. - pp. 120-135 [10.2870/098663]
abstract:
The issue of the inclusion of the ‘Third parties’ in the decision-making process
affecting the legal sphere of the ‘addressee’ with binding effects has attracted the
interest of scholars mostly with regard to legal standing, and less so with regard
to the participatory involvement in the formation of the proceedings. Mostly,
the issue of ‘Third parties’ participation has been addressed on a sectoral basis,
as in environmental law, or with a concern to ensuring the transparency of the
decision-making process. Therefore, several questions are still open concerning
the protection of persons who may be affected by a decision, even though they
are not identified as ‘parties’ to the proceedings. This already applies in the case
of endoprocedural acts, and in the case of composite proceedings. Some reflection
will be originated from the case of the ‘patient’, the ‘user’ in the market of
services (whose supply is subject to the control and exercise of administrative
powers), and the ‘operator’ in AI systems.
affecting the legal sphere of the ‘addressee’ with binding effects has attracted the
interest of scholars mostly with regard to legal standing, and less so with regard
to the participatory involvement in the formation of the proceedings. Mostly,
the issue of ‘Third parties’ participation has been addressed on a sectoral basis,
as in environmental law, or with a concern to ensuring the transparency of the
decision-making process. Therefore, several questions are still open concerning
the protection of persons who may be affected by a decision, even though they
are not identified as ‘parties’ to the proceedings. This already applies in the case
of endoprocedural acts, and in the case of composite proceedings. Some reflection
will be originated from the case of the ‘patient’, the ‘user’ in the market of
services (whose supply is subject to the control and exercise of administrative
powers), and the ‘operator’ in AI systems.
IRIS type:
03 - Contributo in volume
List of contributors:
A. Monica
Link to information sheet:
Book title:
Jacques Ziller a European Scholar