Right to be heard

Right to be heard

Right to be heard and to make statements

EXERCISE OF THE RIGHT TO BE HEARD

EXERCISE OF THE RIGHT TO BE HEARD;

In the disciplinary proceedings the person that committed a breach shall have the right to be heard and may propose that evidence be taken.

A review, including a right to be heard, shall take place upon request of the defendant with a view to deciding, within a reasonable period after the notification of the measures, whether these measures shall be modified, revoked or confirmed.

If proceedings leading to a decision on the merits of the case have been initiated, a review, including a right to be heard, shall take place upon request of the defendant with a view to deciding, within a reasonable period, whether these measures shall be modified, revoked or confirmed.

(a) the right of every person to be heard, before any individual measure which would affect him or her adversely is taken;

(e) the person to be heard may claim the right not to testify which would accrue to him or her under the law of either the requested or the requesting Member State.

In taking such decisions the Commission must ensure compliance with the procedural rights recognized as general principles of Community law by the European Court of Justice, including the right of interested parties to be heard in a timely manner.

The panel may decide to close the main hearing even if some additional documentary evidence or the record on evidence produced by the requested judge are left to be procured if the parties have waived the right to examine such evidence or that examination thereof is not considered necessary.

If prior to commencing construction or during construction an investor that was issued a building permit transfers the right to build to another person, the building permit may be amended at the request of such person. The new investor must produce proof of the right to build for the request for amendment. In such a case the building permit shall be amended in a fast-track procedure without the parties being heard.

If, in the case referred to in the second paragraph of the present Article, the amount in dispute stated in the action is evidently too high or too low, thereby putting into question the subject-matter jurisdiction or the right to revision, the court shall, not later than upon the main hearing and before even before the main subject of dispute commences to be tried, examine the correctness of the stated amount in an expeditious and appropriate manner.

The undertakings concerned must be afforded the right to be heard by the Commission when proceedings have been initiated;

Whereas express provision ought to be made for a defendant's right to be heard on matters to which the Commission takes objection;

In accordance with the judgment in Fedetab (21), Article 19 (2) of Regulation No 17 gives complainants a right to be heard and not a right to receive confidential information.

The provisions relating to the Commission's procedure must be framed in such a way as to safeguard fully the right to be heard and the rights of defence.

In order to respect the rights of defence of undertakings, the Commission should give the parties concerned the right to be heard before it takes a decision.

Whereas undertakings concerned must be accorded the right to be heard by the Commission, third parties whose interests may be affected by a decision must be given the opportunity of submitting their comments beforehand, and it must be ensured that wide publicity is given to decisions taken;

For the purposes of the rights to be heard pursuant to Article 18 of Regulation (EC) No 139/2004, the following parties are distinguished:

Access to the file, which is one of the procedural safeguards designed to ensure effective exercise of the right to be heard (3) provided for in Article 19 (1) and (2) of Council Regulation No 17 (4) and Article 2 of Commission Regulation No 99/63/EEC (5), as well as in the corresponding provisions of the Regulations governing the application of Articles 85 and 86 in the field of transport, must be arranged in all cases involving decisions on infringements, decisions rejecting complaints, decisions imposing interim measures and decisions adopted on the basis of Article 15 (6) of Regulation No 17.

It is necessary to define the rights of persons who are to be heard, to what extent they should be granted access to the Commission's file and on what conditions they may be represented or assisted.

In accordance with general principles of Community law, and in particular the right to a fair hearing, decisions of a supervisory authority should in appropriate circumstances be susceptible to review by an independent court or tribunal.

Member States, institutions of the Communities and any other natural or legal persons may, in cases and under conditions to be determined by the Rules of Procedure, institute third- party proceedings to contest a judgment rendered without their being heard, where the judgment is prejudicial to their rights.

A Court of First Instance shall be attached to the Court of Justice with jurisdiction to hear and determine at first instance, subject to a right of appeal to the Court of Justice on points of law only and in accordance with the conditions laid down by the Statute, certain classes of action or proceeding defined in accordance with the conditions laid down in paragraph 2. The Court of First Instance shall not be competent to hear and determine questions referred for a preliminary ruling under Article 234.

A Court of First Instance shall be attached to the Court of Justice with jurisdiction to hear and determine at first instance, subject to a right of appeal to the Court of Justice on points of law only and in accordance with the conditions laid down by the Statute, certain classes of action or proceeding defined in accordance with the conditions laid down in paragraph 2.

The print media that had addressed these issues in the previous decade disappeared, most notably Teleks, a weekly that used to dedicate a sizeable portion of its space to serious considerations of homosexuality from the perspectives of society, culture and politics, thus paving the way for the treatment of homosexuality in terms of human rights. One reason for the folding of Teleks that could be heard at the meeting of the Teleks section of the Delo publishing company, was that 'everybody said that Teleks turned into a 'queer newspaper.'

The Committee shall duly inform the parties of their right to be heard.

Whereas the undertakings concerned must be accorded the right to be heard by the Commission as soon as a proceeding has been initiated;

In accordance with the judgment in Fedetab (21), Article 19 (2) of Regulation No 17 gives complainants a right to be heard and not a right to receive confidential information.

Whereas the provisions relating to the Commission's procedure must be framed in such a way as to safeguard fully the right to be heard and the rights of defence;

(a) participants have the right to be heard before a decision is reached, they may be represented and accompanied during the proceedings and shall have access to all proceedings

(37) The undertakings concerned must be afforded the right to be heard by the Commission when proceedings have been initiated; the members of the management and supervisory bodies and the recognised representatives of the employees of the undertakings concerned, and interested third parties, must also be given the opportunity to be heard.

the undertaking concerned shall have the right to be heard once the inquiry stage, if any, of the infringement procedure has been completed and once it has received the factual results of the inquiry and the notice of objections;

Whereas undertakings concerned must be accorded the right to be heard by the Commission, third parties whose interests may be affected by a decision must be given the opportunity of submitting their comments beforehand and it must be ensured that wide publicity is given to decisions taken;

if an objection is raised before the deadline laid down in (c) above, the infringement procedure shall be deemed to be initiated and the time limit of 30 working days within which it is possible to exercise the right to be heard shall start as from expiry of the deadline laid down in (c) above.

All parties shall be notified in due time of the oral hearing and have the right to be present.