The Common Core of European Administrative Laws and the Pan-European General Principles of Good Administration

2021 ◽  
pp. 21-34
Author(s):  
Ulrich Stelkens
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Common Core ◽  
Methodological Approach ◽  
Administrative Law ◽  
European Convention ◽  
Council Of Europe ◽  
Institute Of Public Administration ◽  
German Research ◽  
The Common

This chapter examines a research project carried out at the German Research Institute of Public Administration and the German University of Administrative Sciences Speyer. This 'Speyer project' studies the development, content, and effectiveness of the written and unwritten standards of good administration drawn up within the framework of the Council of Europe (CoE), i.e. on the basis of its Statute (SCoE) and the European Convention on Human Rights (ECHR), which is a sort of 'second pillar' of the CoE. These CoE standards are called 'pan-European principles of good administration'. This 'Speyer project' can be understood as a counterpart to the project carried out by Giacinto della Cananea and Mauro Bussani on the Common Core of European Administrative Law (CoCEAL) as it has a similar objective: to ascertain whether, despite many differences between European systems of administrative law, there are some connecting elements, or a 'common core', and, if so, whether such 'connecting elements' can be formulated in legal terms rather than as generic idealities. However, the methodological approach of the 'Speyer project' clearly differs from the 'factual approach' adopted in CoCEAL.

Judicial Review of Administration in Europe

2021 ◽  
Author(s):  
Giacinto della Cananea ◽  
Mauro Bussani
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Common Core ◽  
Legal Systems ◽  
The European Union ◽  
Council Of Europe ◽  
Administrative Action ◽  
Core Method ◽  
The Common ◽  
The Comparative Study

This book is about judicial review of public administration. Many have regarded this as dividing European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveal not only differences but also some common and connecting elements, in a ‘common core’ perspective. The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are more or less distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the ‘common core’ method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a ‘common core’ exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.

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.

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.

Pan-European General Principles of Good Administration in Finland

2020 ◽  
pp. 431-448
Author(s):  
Ida Koivisto
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Good Governance ◽  
Administrative Law ◽  
European Convention ◽  
Council Of Europe ◽  
Central Concept ◽  
Domestic Legislation ◽  
Normative Requirement

In this chapter the meaning and effect in the Finnish legal system of the Council of Europe (CoE) conventions and recommendations are discussed. Particular emphasis is placed on the adoption of the European Convention on Human Rights and CoE law pertinent to good administration, administrative law and administrative law principles. The main finding is that, so far, the CoE provisions on good administration have found little room for application due to refined domestic legislation on these matters. Instead of being a follower Finland has been setting the pace in making good administration a central concept and normative requirement in constitutional and administrative law. Thus, although a two-way interconnection between the CoE and Finland can be detected, it could be argued that Finland represents a benchmark case. This development coincides with—and is partially affected by—the general ‘pandemic’ of good governance talk and enthusiasm over the last couple of decades.

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 Council of Europe and Pan-European General Principles of Good Administration

2020 ◽  
pp. 242-255
Author(s):  
Inger-Johanne Sand
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Family Law ◽  
Administrative Law ◽  
European Convention ◽  
Access To Information ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Procedural Rights ◽  
The Impact

This chapter discusses the impact of the pan-European principles of good administration on Norwegian administrative law. The chapter claims that the European Convention on Human Rights and other sources of the Council of Europe (CoE) have generally contributed to strengthening the ‘rule-of-law tradition’ in Norwegian law. This contribution is especially palpable in specialized fields like migration, family law and local self-government. However, in other fields, such as administrative procedural rights and access to information, the impact of the CoE seems to have been limited because the corresponding national regulations preceded many of the relevant conventions and recommendations of the CoE. The chapter concludes that Norway shows a willingness to be influenced by new administrative law standards developed by the CoE.

scholarly journals EUROPEJSKA KONWENCJA O PRZYSPOSOBIENIU DZIECI JAKO INSTRUMENT WSPÓLNYCH ZASAD PAŃSTW CZŁONKOWSKICH RADY EUROPY W SPRAWACH O PRZYSPOSOBIENIE DZIECI

2016 ◽  
Vol 16 (3) ◽  
pp. 167
Author(s):  
Elżbieta Hanna Morawska
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
European Convention ◽  
Adoption Process ◽  
Council Of Europe ◽  
Member States ◽  
Protection Of Human Rights ◽  
The Common ◽  
Comprehensive Manner

The European Convention on the Adoption of Children as an Instrument of the Common Principles of the Member States of the Council of Europe on the Adoption of Children Summary Acting on the grounds of its statutory aims, the Council of Europe has taken a number of measures for the protection and promotion of children’s rights. The nature of these activities has differed considerably in the course of over 60 years since the Council’s establishment, nonetheless all of them have invoked children’s welfare as the basis of their undertaking. This is the spirit in which already in the early 1950s the Council embarked on an effort to draw up a European convention on the adoption of children. The Convention was the first treaty regulating the procedure for adoption in a comprehensive manner, and as such paved the way for subsequent European documents relating to the rights and protection of children, also in the adoption process. The collection of these documents includes detailed conventions specifically on the protection of children, alongside documents which do not directly address children’s rights and protection, but apply to the protection of human rights in general under the Council of Europe system. The principal document is the European Convention on Human Rights, along with its additional protocols, in particular Protocol 7. The approach to adoption based on the European Convention on Human Rights led the Council of Europe to embark on a new project to define the principles and practices for adoption. The outcome of this work is the Revised European Convention on the Adoption of Children (RECAC, 2007), the document containing the definitions of currently applicable principles and practices.

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.

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