Principle Of Good Administration

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The concept of Good Administration has emerged within the European Union and its Member States stemming from values and principles connected to human rights, democracy and rule of law. It comprises a set of procedural rules which translate these principles into concrete standards for administrative operation. The Charter of Fundamental Rights of the European Union proclaims that every person has the right to Good Administration. Some key elements of this fundamental right are stated in the Charter itself, while other principles and standards of good administration derive from other EU legislation and from good administrative practice of EU Member States. EU Charter of Fundamental Rights. Article 41. Right to good administration 1. Every person…show more content…
Furthermore, the Council of Europe in its Resolution 77 (31) also acknowledges the right of the European citizens to an administration that follows principles of Good Administration ensuring the protection of the individual’s fundamental rights and freedoms and promoting fairness in citizen-administration relations. Additionally, the European Court of Justice has shaped general administrative principles on the basis of those created and refined by national administrative courts of the Member States of the EU; they came to form a core of common European…show more content…
Administrative bodies, their work and its outcome are open to scrutiny and review by other administrative and legislative authorities as well as the courts. Supervision ensures that the principles embedded in administrative law are honoured by the public authorities. Accountable administration further requires the availability of legal remedies against a decision and the proactive information on how to appeal. Administrative bodies provide the reasons for the administrative decision, stating the relevant facts and evidence, citing the relevant legal norms and showing how they fit with each other. In case a claim, an argument or some evidence presented by an interested party is rejected, the statement of reasons specifies the grounds for the rejection. Thus, they notify anyone concerned by the decision. In order to make accountability and control possible, they document the steps and procedures taken in their records, including the requests and applications, the evidence, minutes, information concerning the delivery of summonses and other documents relevant to the administrative proceedings. They allow access to the relevant files. Accountability involves the possibility for each individual citizen to lodge a complaint to an independent body. More and more countries dispose of institutions to defend citizen rights vis-à-vis public administration. Such is the role of an Ombudsman who acts as an external mechanism of control, investigates
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