The Impact of the Pan-European General Principles of Good Administration on Swiss Law

2020 ◽  
pp. 353-374
Author(s):  
Nadja Braun Binder ◽  
Ardita Driza Maurer
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Administrative Law ◽  
European Convention ◽  
Council Of Europe ◽  
European Court ◽  
Swiss Law ◽  
Written Law ◽  
The Impact

This chapter is dedicated to exploring the impact on Swiss administrative law of the pan-European general principles of good administration developed within the framework of the Council of Europe (CoE). The chapter claims that the standards stemming from the European Convention on Human Rights and the case law of the European Court of Human Rights have been adopted in an exemplary way by Swiss authorities. The influence was especially strong in the 1980s and 1990s. The same cannot be said regarding other documents of the CoE, whose impact remains disparate because many aspects of the pan-European general principles of good administration were already part of the national written law. The chapter concludes that despite the exemplary integration of CoE instruments heated debates on the content of these instruments are not excluded from Switzerland.

scholarly journals Las cláusulas de restricción en el Convenio Europeo de Derechos Humanos

2021 ◽  
pp. 469
Author(s):  
Lara Redondo Saceda
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Council Of Europe ◽  
Derechos Humanos ◽  
European Court ◽  
El Sistema ◽  
The Impact

El presente trabajo pretende analizar el sistema de restricciones al ejercicio de los derechos previsto en los artículos 8 a 11 del Convenio Europeo de Derechos Humanos. Así, el objetivo principal es reflexionar sobre la incidencia de estas cláusulas de restricción, su desarrollo jurisprudencial por parte del Tribunal Europeo de Derechos Humanos y su significado en la construcción del sistema de derechos humanos del Consejo de Europa.This paper is intended to analyse the system of restrictions on the exercise of rights provided by articles 8 to 11 of the European Convention on Human Rights. Thus, the principal aim is reflecting on the impact of these restriction clauses, their case-law development by the European Court of Human Rights and their meaning on the construction of the Council of Europe Human Rights System.

The Impact of the ECHR and of Pan-European General Principles of Good Administration on the Administrative Law of Portugal

2020 ◽  
pp. 377-402
Author(s):  
Rui Tavares Lanceiro
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Administrative Law ◽  
Fundamental Rights ◽  
European Convention ◽  
Council Of Europe ◽  
Complete Evaluation ◽  
European Court ◽  
Democratic Revolution ◽  
The Impact

This chapter explores the impact on Portuguese administrative law of the pan-European principles of good administration developed within the framework of the Council of Europe (CoE). It highlights that ratification of the European Convention on Human Rights has helped to deepen democracy and safeguard the protection of fundamental rights, not only in the direct aftermath of the democratic revolution of 25 April 1974 which brought down the dictatorship of the “Estado Novo” regime but up to today. The chapter further argues that numerous cases at the European Court of Human Rights have resulted in reforms to the Portuguese legal system, especially concerning fair trial requirements. At the same time the influence of other CoE conventions and recommendations remains somewhat limited. The chapter concludes that the overall impact of the pan-European principles of good administration has not been properly studied and, thus, complete evaluation thereof is not possible.

The Pan-European General Principles of Good Administration in Sweden

2020 ◽  
pp. 256-274
Author(s):  
Jane Reichel
Keyword(s):  
Human Rights ◽  
Administrative Law ◽  
European Convention ◽  
Council Of Europe ◽  
European Court ◽  
State Liability ◽  
The Right ◽  
Administrative Sanctions ◽  
The Impact ◽  
Right Of Access

This chapter explores the impact of the pan-European general principles on Swedish administrative law. The chapter claims that the European Convention on Human Rights and the case law of the European Court of Human Rights have had a great impact on important sectors thereof, such as areas connected to the right of access to courts, procedural safeguarding of administrative sanctions, and state liability. At the same time other standards of good administration developed within the framework of the Council of Europe seem to slip under the radar in the Swedish legal system and are not usually relied on by Swedish administrative courts or the Swedish ombudsman. An explanation for this lack of reliance may lie in the fact that Swedish law already has long-standing traditions with well-defined concepts and procedures in this field.

Sources and Content of the Pan-European General Principles of Good Administration

2020 ◽  
pp. 19-54
Author(s):  
Ulrich Stelkens ◽  
Agnė Andrijauskaitė
Keyword(s):  
Human Rights ◽  
Data Protection ◽  
Case Law ◽  
Administrative Law ◽  
European Convention ◽  
Soft Law ◽  
Council Of Europe ◽  
European Court ◽  
Relevant Case

This chapter examines the sources of the pan-European principles of good administration developed by the Council of Europe (CoE). It maps the degree of concretization these principles have reached, and how far they have spread concerning the classical and modern topics of administrative law. It scrutinizes the Statute of the CoE, the European Convention on Human Rights, and the (relevant) case law of the European Court of Human Rights, other CoE conventions (such as the CoE Convention on Data Protection, the Convention on Access to Official Documents, and the European Charter of Local Self Government), and the recommendations and other soft law on good administration of the Committee of Ministers and other institutions of the CoE. The chapter concludes that the principles deriving from these sources should not be considered as a loose bundle of various rules in administrative matters but instead form a ‘coherent whole’.

The Role of the Council of Europe in Improving General Principles of Administrative Law in Poland—Remarks on the 25th Anniversary of Accession to the European Convention on Human Rights

2020 ◽  
pp. 478-503
Author(s):  
Barbara Grabowska-Moroz ◽  
Marek Wierzbowski
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Administrative Law ◽  
European Convention ◽  
Direct Influence ◽  
Council Of Europe ◽  
25Th Anniversary ◽  
European Court ◽  
Standards Of Conduct

This chapter explores the influence on Polish administrative law of pan-European principles of good administration stemming from the Council of Europe (CoE). It reveals that membership of the CoE can be perceived as an element of the democratization process that has had a direct influence on Poland, especially through the case law of the European Court of Human Rights. It furthermore establishes that Polish administrative law generally follows the CoE standards even if at the same time they are overshadowed by the standards flowing from the EU. In addition, the unwillingness of the Polish courts to refer to non-binding CoE standards of conduct which are not strongly founded in statutory law is another obstacle precluding full reception of the said principles.

Domestic Investigation and Prosecution of Atrocities Committed during Military Operations: The Impact of Judgments of the European Court of Human Rights

2013 ◽  
Vol 46 (3) ◽  
pp. 369-404
Author(s):  
Silvia Borelli
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Full Potential ◽  
Remedial Measures ◽  
Legal Systems ◽  
Military Operations ◽  
Council Of Europe ◽  
Proactive Approach ◽  
European Court ◽  
The Impact

The undeniable impact of the European Convention on Human Rights on the legal systems – and the wider society – of Member States of the Council of Europe would not have been possible without its unique monitoring system, centred around the European Court of Human Rights and the Committee of Ministers of the Council of Europe. The present article assesses the extent to which the European Court's judgments that have found violations of the procedural obligations under Articles 2 and 3 of the Convention to investigate unlawful killings, disappearances, acts of torture or other ill-treatment have, in fact, led to an improvement in the capability of the domestic legal systems of states parties to ensure accountability for such abuses. On the basis of four case studies, it is concluded that the European Court's judgments, coupled with the supervisory powers of the Committee of Ministers, have the potential to make a very great impact on the capability of domestic legal systems to deal with gross violations of fundamental human rights, and have led to clear and positive changes within the domestic legal systems of respondent states. Nevertheless, this is by no means always the case, and it is suggested that, in order for the Convention system to achieve its full potential in the most politically charged cases, the European Court should adopt a more proactive approach to its remedial powers by ordering specific remedial measures, to include in particular the opening or reopening of investigations.

The Pan-European General Principles of Good Administration in the Italian Legal System

2020 ◽  
pp. 182-209
Author(s):  
Marco Macchia ◽  
Claudia Figliolia
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Administrative Law ◽  
European Court ◽  
System P ◽  
Low Degree ◽  
Court Proceedings ◽  
The Impact ◽  
Constitutional Jurisprudence

This chapter discusses the impact of the pan-European principles of good administration on Italian administrative law. The chapter presents the main finding that the Italian legal system is generally in line with these principles. The case law of the European Court of Human Rights has played a particularly strong role in national administrative law (especially in the context of administrative sanctioning and lengthy court proceedings). At the same time, some limitations to full reception of the said principles remain, the most notable of them being the resistance of constitutional jurisprudence to give ‘generalized’ execution to the pan-European principles and the low degree of recognition of the importance of the Council of Europe’s recommendations and conventions (other than the ECHR) for the development of these principles in national administrative law. The chapter concludes by stressing the (sometimes) contradictory nature of Italy’s acknowledgement of the pan-European scope of these principles.

scholarly journals Standards of the European Court of Human Rights in the area of administrative law with special reference to the Republic of Macedonia

2018 ◽  
Vol 55 (4) ◽  
pp. 815-833
Author(s):  
Vesna Stefanovska ◽  
Blerton Sinani
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Case Law ◽  
Administrative Law ◽  
International Standards ◽  
European Convention ◽  
Republic Of Macedonia ◽  
European Court ◽  
Criminal Charges ◽  
The Republic

In many occasions, the European Court of Human Rights has reiterated that the ECHR is a ‘living instrument’. The rights enshrined in the Convention have to be interpreted in the light of present day conditions so as to be practical and effective. Therefore, the Court has on several occasions modified its views on certain subjects because of scientific developments. Although in the scope of Article 6(1) of European Convention on Human Rights are civil rights and obligations and criminal charges, the application to administrative disputes has arised from the Court’s case-law. This paper will try to analyze the framework of administrative disputes in the Republic of Macedonia, mainly the Law on Administrative Disputes and its consolidation with the international standards, specifically with the ECHR. Further, subject of elaboration will be the Macedonian dossier in Strasbourg and the judgments in which the ECtHR found violation of Article 6 of ECHR in relation to administrative disputes and procedures.

scholarly journals Protection of Whistleblowers by the European Union, the Council of Europe, and the European Court of Human Rights

2021 ◽  
Vol 1 ◽  
pp. 25-36
Author(s):  
Sára Kiššová
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
European Court ◽  
Financial Interests ◽  
Internal Sources ◽  
Illegal Activities

Whistleblower protection in the European Union is undergoing significant developments. The new Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of Union law sets a minimum standard for the protection of whistleblowers. It is awaiting implementation in Member States' national law by December 2021. However, a certain level of protection is also guaranteed by the European Court of Human Rights case law principles. Reports of illegal activities provided from close internal sources can strengthen the protection of the EU's financial interests. Adequate protection is needed to prevent retaliation against whistleblowers. As the deadline for transposing this directive approaches, the article aims to analyse the Directive 2019/1973 and compare it with the protection guaranteed by Article 10 of the European Convention on Human Rights.

Implementation of the Pan-European General Principles of Good Administration in Bulgaria? It Would Be a Really Good Idea

2020 ◽  
pp. 504-535
Author(s):  
Vesco Paskalev
Keyword(s):  
Human Rights ◽  
Legal Culture ◽  
Administrative Law ◽  
European Convention ◽  
Direct Effects ◽  
Council Of Europe ◽  
Legal Principles ◽  
Eu Integration ◽  
Actual Effect ◽  
The Impact

This chapter canvasses the impact on the administrative law of Bulgaria of the pan-European principles of good administration developed by the Council of Europe (CoE) in the aftermath of socialism and in the shadow of EU integration. It zeroes in on each of the three channels of CoE influence—the direct effects of the CoE conventions ratified by Bulgaria, the indirect introduction of pan-European principles by the national legislator, and through application of the European Convention on Human Rights. It finds that the influence of all these channels has been limited although some progress has been made. Finally, it places the quest for pan-European principles and good administration in the context of Bulgarian legal culture and argues that the formalist character of the latter is a serious impediment to the actual effect that any legal principles (as opposed to rules) may have in the country.

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