Procedural rights – Right to be heard

Article(s) involved (national, EU, or other):

Problem

Some SAs only allow submission on the “facts” from the complainant, but not on legal arguments.

Ideal Solution

The text should make clear that the right to be heard of the complainant includes the right to share submissions on the law and the facts in response to the controller’s submissions or the SAs’ (draft) opinion.

Proposed Solution

Concept 2 (applicable law and “leveling up”) should take care of the matter.

Reference to specific noyb cases:

See noyb case C-037-10095: the German SA refused to hear the legal arguments of the complainant.