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ERA Forum

, Volume 19, Issue 4, pp 571–583 | Cite as

The right to be heard in European Union civil service law: by whom, when and on what? Answers from the recent case law of the General Court

  • Giacomo GattinaraEmail author
Article
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Abstract

The entry into force of the Charter of Fundamental Rights has enriched the right to be heard of a new connotation, which is its tight link with the right to good administration. This is an important addition to the already known meaning and relevance of the right to be heard, which was that of being part of the rights of the defence. This new connotation of the right to be heard emerged in a series of cases before the General Court and concerning EU civil service law. In particular, prepared by the case law of the CST, and further fertilised by that of the Court of Justice, the case law of the General Court has granted to the right to be heard the status of an autonomous procedural requirement as regards a vast panoply of administrative procedures, provided for in the EU Staff Regulations and Conditions for the Employment of Other Staff.

Keywords

Right to be heard Right to good administration Article 41 of the Charter of Fundamental Rights administrative proceedings EU civil service law 

Notes

References

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    Rabinovici, I.: The Right to Be Heard in the Charter of Fundamental Rights of the European Union. In: European Public Law, pp. 149–173 (2012) Google Scholar
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    Gattinara, G.: Chronique de jurisprudence–Fonction publique européenne (1er septembre 2016–12 octobre 2017). Revue du droit de l’Union européenne (1/2018) 163–187 Google Scholar
  3. 3.
    Bradley, K.: The Application of the Charter of Fundamental Rights in EU staff law. ERA Forum 15, 561–574 (2014) CrossRefGoogle Scholar

Copyright information

© Europäische Rechtsakademie (ERA) 2018

Authors and Affiliations

  1. 1.European CommissionBrusselsBelgium

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