SHORTER ARTICLES, COMMENTS, AND NOTES PROTECTING THE INTERESTS OF CIVIL SOCIETY IN COMMUNITY DECISION-MAKING-THE LIMITS OF ARTICLE 230 EC

摘要

In the Commission's White Paper on European Governance and the subsequent Laeken Declaration, the participation of civil society in the Community method of decision-making was viewed as the primary way of engaging directly with EU citizens. The White Paper accepts that participatory democracy is created from the bottom up by 'groups of people dedicated to the disinterested search for the public interest in society'. This statement recognises that participation goes beyond the pre-legislative lobbying process. It suggests that the representation and protection of citizens' interests requires ex post judicial protection in circumstances where the legislative measure breaches fundamental rights or if its application infringes principles of procedural propriety.