Different aspects of the right to be heard in administrative proceedings

english

2025

administrative law   administrative procedure   legal principles   right to be heard

Fakulteta za slovenske in mednarodne študije v Kranju
(Obvezni izvod spletne publikacije)

the right to be heard is a fundamental legal principle, recognised by the highest-ranking domestic and interna-tional legal instruments, bodies, and courts. In its most gen-eral and typical sense, the right to be heard enables an indi-vidual whose rights, legal interests, or obligations are being determined in a specific proceeding to present his opinionon the relevant circumstances upon which the decision in that proceeding depends. However, the right to be heard is also important in many other legal contexts and relation-ships. It may be understood as a legally enforceable right or as a legal rule that prescribes the manner in which anauthority must act and the way in which an individual may act. the right to be heard is especially important in admin-istrative proceedings, where administrative authorities, as bodies vested with public powers, are in a position of su-periority vis-a-vis subordinate individuals. In this context, the right to be heard is multi-layered and has wide-rang-ing implications. this article presents the right to be heard within the context of the European convention on Human rights, the charter of Fundamental rights of the European Union, and the slovenian administrative law system. the author examines individual aspects of the right to be heard and defines two groups of derogations from this right. Any derogations from the right to be heard must be carefully considered and proportionate.

06.07.2026