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.
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]
Il 'terzo' nei procedimenti amministrativi europei
A. Monica
2022
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.File | Dimensione | Formato | |
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