Half-title -- Title -- Copyright -- Dedication -- Preface -- Table of Contents -- Table of Cases -- PART A Introduction -- I. THE QUEST FOR AND EXPANSION OF BASIC PROCEDURAL RULES IN AHETEROGENIC ADMINISTRATIVE "SYSTEM" -- II. JUDICIAL PROCEDURAL REVIEW AS THE CATALYST FOR CONSTITUTIONALISING PROCESS PRINCIPLES -- PART B Procedural "Good Administration" in EC Law -- 1 Introduction -- 2 The Significance of "Good Administration" with regard to Procedural Rules -- a. "Good Administration" as an Indeterminate Notion -- b. Procedural "Good Administration": The Dichotomy of Functions Underlying Process Rules -- 3 The Principle of Good Administration in the Case Law of the Community Courts -- a. The "Principle of Good Administration" and Access to Information: The Tradax Case -- b. The "Principle of Good Administration" and the Right to be Heard -- c. The "Principle of Good Administration" and the Principle of Care: The IAZ Case -- d. The Absence of the "Principle of Good Administration" in EC Law? -- PART C Expansion: Access to Information and the Right to be Heard -- 4 Introduction -- 5 The Right of Access to Information -- a. Competition Law as the Origin of the Community Right of Access to Information -- b. The Dynamic Mutation of "Access to Information" into a Fundamental Process Right in Competition Proceedings -- (i) The Early Case Law: The Right of Access to the File as an Inherent Part of the Right to be Heard -- (ii ) The Commission's "Access to File" Policy as the Basis for Further Expansion -- (iii) Developing a Fundamental Procedural Right of Access to Information:The Cement and Soda-Ash cases -- (a) The Cement Judgment and the Commission's Reaction -- (b) The Soda-Ash Judgments: Access to the File as a Basic Process Right -- (c) The Enhancement of Judicial Review on Procedural Grounds.

(d) The Commission Notice on Access to the File -- (iv) Some Speculative Remarks on the Reasons for "Constitutionalism" Access to Information -- (a) EC Competition Proceedings as Criminal in Nature? -- (b) Democracy and Transparency: A New Legal Basis for Procedural Participation and Access to Information? -- (c) The Democratisation of EC Administrative Process? -- c. The Case Law on the Right of Access to Information in Anti-dumping Proceedings -- d. Outlook -- 6 The Right to be Heard (the audi alteram p artem Rule -- a. Competition Law -- b. Anti-dumping Law -- (i) The "Human Rights" Jurisprudence of the ECJ in Al-Jubail -- (ii) The More Restrictive Approach of the CFI in Nö lle II -- c. Customs Law -- (i) The ECJ's judgment in Technische Universität München -- (ii) The CFl's Concept Established in France-Aviation -- (iii) A Decisive Step Towards "Horizontal Convergence" -- (iv) Fir st Signs of a Move Towards "Vertical Convergence"? -- d. Admin istration of the European Social Fund -- (i) The Judgments in Lisrestal -- e. More Recent Jurisprudence and Outlook -- (i) The CFI's Judgment in Air Inter -- (ii) Outlook -- (a) The Difficulty in Defining the Adequate Degree of Protection Afforded to"Third Parties" -- PART D Expansion: The Principle of Care (Diligence) -- 7 Introduction -- 8 The Foundations of the Principle of Care -- a. A Cursory Conceptualisation of the Principle of Care in the Early Case Law -- b. A Process Principle with a Strong Connotation of Substantive Legality -- c. The Relationship Between "Care" and Administrative Investigatory Powers -- (i) The Inquisitorial Principle and "Care" -- (ii) The Obligation to Use Investigatory Powers in the Interest of the Citizen -- (ii i) Investigatory Powers and the Burden of Proof -- (a) The Administration's Duty to Collect Evidence.

(b) The Duty of Individuals to Co-operate and to Provide Evidence -- d. The Core Justification for the Concept of Care: Administrative Discretionary Powers -- (i) Care as a Counterbalance to Discretion -- (ii) The Duty of Care as the Promotor of an Intrusive Style of Judicial Review with Respect to Discretion -- e. The Relationship Between the Principle of Care and the Duty to Give Reasons -- (i ) Giving Reasons and Care as Tandem Requirements -- (ii ) Towards a "Dialogue Requirement"? -- (a) The Potential for Developing a Dialo gue Duty -- (b) Dialogue, Transparency, Participatory Democracy and the Rule of L aw -- (c) The Principle of Care and the Potential Conflict between Dialogue and Time Limits -- 9 The Case Law on the Principle of Care -- a. Anti-dumping Matters: The Nölle Cases -- (i) The ECJ's Judgment in Nölle I -- (ii) The CFl's Judgment in Nölle II -- b. General Customs Matters: The Technische Universität München and France-Aviation Cases -- (i) The ECJ's Judgment in Technische Universität München -- (ii) The CFI's Judgment in France-Aviation -- c. Complainants in Competition Proceedings: The Automec II and Asia Motor France II Cases -- (i) The Different Facets of the Principle of Care in "Tripartite" Procedures -- (ii) The Duty of Care vis-à-vis Complainants in the Recent Case Law -- (iii) Asia Motor France II: The Twin Concepts of Care and Giving Reasons as Means of Substantive Control of Discretion -- d. Complainants in State Aids Proceedings: From Cook to Sytraval -- (i) The Principle of Care and its Significance in the Two-stage Investigation Procedure under Article 93 of the EC Treaty -- (ii) The Tentative Recognition of the Duty of Care: Cook and Matra -- (iii) Developing a "Dialogue Requirement": SIDE and Sytraval -- (a) The CFI's Judgments in SIDE and Sytraval I -- (b) The ECJ's Judgment (on Appeal) in Sytraval II.

e . Outlook -- PART E Conclusion -- Bibliography -- Index.