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10.5
Basic Law considerations
As discussed in Section 3
above, the access and hearing rights deriving from BL 35
and BOR 10 potentially come into play in relation to rules or processes which operate
to determine decisively a party's rights and obligations. Procedures for the summary
disposal of proceedings, if successful, are decisive of such rights and obligations and
so do potentially engage the access and hearing rights.
However, as the Working Party is not proposing any changes to the existing scheme
for summary disposal of proceedings in the various procedural contexts mentioned
above, a discussion of the possible impact of the access and hearing rights is not called
for in this Final Report. So far as the Working Party is aware, no constitutional
challenges to the existing rules have to date been made.
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