Muzi, Laura --- "Administrative due process of law in the light of the jurisprudence of EU Courts: a quantitative and qualitative analysis" [2017] ELECD 431; in Harlow, Carol; Leino, Päivi; della Cananea, Giacinto (eds), "Research Handbook on EU Administrative Law" (Edward Elgar Publishing, 2017) 468

Book Title: Research Handbook on EU Administrative Law

Editor(s): Harlow, Carol; Leino, Päivi; della Cananea, Giacinto

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784710675

Section: Chapter 19

Section Title: Administrative due process of law in the light of the jurisprudence of EU Courts: a quantitative and qualitative analysis

Author(s): Muzi, Laura

Number of pages: 22

Abstract/Description:

Although the European Union is a relatively young polity, it has developed its own legal system with principles partly borrowed from Member States’ legal traditions and cultures, and partly innovative. Considered as a whole, these principles seek to ‘cure the ills of discretionary power’ which ‘tends to be seen as running counter to the certainty required by the Rule of Law principle’. Some of these principles are substantive in nature, while others focus on process. Included among the latter are the right to be heard and the giving reasons requirement. There is a very ample literature on the European Court of Justice (CJEU). Such literature suggests that a statistical analysis might be a useful toolto understand the main trends in the developments of the European legal order and – more precisely – how different procedural and substantive principles are matched together in the reasoning of actors and judges. As the Introduction to this volume indicates, however, there is a dearth of statistical studies. This chapter tries to contribute to such discussion, by providing an examination of recent case law of EU Courts based on a statistical analysis of the case law relating to administrative due process of law. For the purposes of this chapter, due process of law is a fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property.