Ex post participation : Judicial process as a substitute or as a complement to other kinds of participation

Courts' main task is to find solutions to disputes. However, in the course to reach this primary goal, courts perform multiple other functions. A courtroom represents a forum for communicating various ideas and interests. In such a sense, judicial process may serve as another venue for participation. Those who were not able to participate in earlier stages of rule-making or decision-making can raise their voice before the court. Slightly differently, those who already participated may claim that their participatory rights were breached. It leads to a question whether the judicial process rather provides remedy to the potential breach of participatory rights or whether it is an avenue of participation on its own, or both. This presentation will look at the role of the CJEU in the overall concept of participation in the EU. It will examine how it differs from other types of participation and how it may correct problems connected to the limited participatory rights.