Towards an Integrated Administration
Edited by Herwig C.H. Hofmann and Alexander H. Türk
Chapter 12: Good Administration as Procedural Right and/or General Principle?
12. Good administration as procedural right and/or general principle? Hanns Peter Nehl1 INTRODUCTION A. In recent years, notably since the first proclamation on 7 December 2000 of the European Charter of Fundamental Rights,2 academic debate turning on the notion of ‘good administration’ in EC law has increased considerably and given rise to a great number of doctrinal explanations.3 In particular, this is due to Article 41 of the above Charter which lists in its second paragraph, under the title ‘Right to good administration’, a number of procedural rights and principles of ‘good’ administrative conduct, i.e. the right to be heard, the right of access to one’s file and the obligation of the administration to give reasons for its decisions. In so doing, the Charter confers on these rights and principles the rank – though 1 The opinions expressed in this chapter are purely personal. This chapter deals with the relationship between the EU citizen and the EC administration in respect of administering EC economic law and thus does not take into account the case law on EC staff matters which arguably follows a different rationale. 2 Charter of Fundamental Rights of the European Union, OJ (2000) C 364/1. 3 See, e.g., L. Azoulay, ‘The Judge and the Community’s Administrative Governance’, in C. Joerges and R. Dehousse (eds), Good Governance in Europe’s Integrated Market, Oxford University Press (Oxford, 2002), p. 109; J. Ponce Solé, ‘Good Administration and European Public Law: The Fight for Quality in the Field of Administrative Decisions’ [2002...
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