A Fair Hearing Before EC Institutions

Abstract

This paper discusses the protection of private parties within the framework of administrative implementation of European Community law. It analyses the procedural guarantees of private parties and in particular the right to a fair hearing. In this context the relevant rules established by Article 6 of the European Convention on Human Rights are also considered. The author tries to determine the legal basis of the right to a fair hearing and the conditions under which it has been applied by the EC institutions. A particular attention is drawn to the rules on competition and state aids where the development in the case law and the relevant legislative framework are discussed. Once the content and the applicability of the right to a fair hearing are defined, the author goes on to discuss the specific aspects of the right to a fair hearing, such as privilege against self-incrimination and reasonable length of proceedings. Finally, the question is raised as to whether the fairness in the proceedings can be effectively enforced by the individuals before the European Community courts. In this regard a locus standi of the private parties before the European Community courts is examined in the area of competition and state aids.