Activities of the European Ombudsman under the Charter of Fundamental Rights: Promoting Good Administration through Human Rights Compliance

The adoption of the Charter of Fundamental Rights has strengthened the position of the European Ombudsman, since the Charter contains an article specifically dedicated to the Ombudsman. At the same time, the Ombudsman, through her/his practice, contributes to the implementation in the everyday life of the provisions of the Charter and their further development. The consolidation and development of the provisions of the Charter by the European Ombudsman have proceeded especially rapidly since the Charter of Fundamental Rights received the status of a binding act. Due to the fact that the right to “good administration” contained in the Charter of Fundamental Rights has become one of the basic human rights in the EU since the Charter became legally binding, the competence of the European Ombudsman has acquired a new substantive and factual (functional) content, expanding her/his ability to positively influence the EU administration in the field of governance and respect for fundamental rights. This article examines, based on legal acts, statistical and other factual data, the interrelated issues (such as institutional and human dimensions of European integration) of ensuring the effectiveness of the Charter of Fundamental Rights through the activities of the European Ombudsman.

Administrative Functions of Implementation, Control of Administrative Decisions, and Protection of Rights

This essay includes a comparative analysis of the traditions of administrative law in Latin American and their impact on the contemporary scene and trends in the general orientations of its administrative justice systems. This analysis is limited to Latin American countries of Iberian origin under the jurisdiction of the Inter-American Court of Human Rights (“I/A Court H.R”). The method followed by the author is to point out the roles attributable to the administrative authorities and to attempt to identify a distinction in Latin America between the “administrative function of implementation”, “control of the legality of administrative decisions” (unrelated to any adjudicative function) and the “protection of rights” (by means of an adjudicative function) while examining their historical genesis and possible future trends. From that perspective, the text discusses certain administrative powers, such as disciplinary or other regulatory powers, and their forms of concrete application; the prerogatives and instruments of the authorities and of their decision-making employees in the exercise of the functions of implementation; the control of administrative decisions by those authorities themselves and by external bodies; and judicial and extrajudicial protection of rights against administrative decisions. The author concludes that Latin American administrative law, despite the fact that its civil-law substantive roots have always coexisted with judicial review typical of common law, is currently tending, on the one hand, to approximate the U.S. model of administrative adjudication and, on the other, to adapt to I/A Court H.R case law with respect to the administrative function of implementation in harmony with the fundamental right to good administration which, combined with a critical re-examination of diffuse control of the legality of administrative rules in court, would safeguard the true role of adjudicating bodies (administrative authorities or courts) in their function of protecting individual rights for the sake of more fair and equitable administrative justice.

Computerisation of administrative procedures and the right to good administration in Italy – selected issues

Rapidly progressing computerisation of administrative procedures requires reflection on its consequences, both in the legal sphere and in the sphere of the practical functioning of administration. One of the most more important issues connected with topic is the impact that computerisation exerts on the right to good administration. Analysis of Italian legal regulations in this area reveals the need to find the right balance between the efficiency and speed of computerised administration and the protection of citizens’ interests. Facilitating the functioning of administration, which results from the implementation of modern information and communication technologies to administrative procedures, should contribute to better implementation of the right to good administration.

The Right to Good Administration under Turkish Law

This chapter discusses the impact of the pan-European general principles of good administration on Turkish administrative law, whose evolution is deeply marked by the great constitutional changes Turkey has experienced since 1950. Those are due to three military coups (1960, 1971, 1980) as well as the democratization process since the 1990s stipulated as a prerequisite for EU membership. The Chapter shows that since the 1990s the reception of the pan-European general principles of good administration has mostly occurred through national legislation, the Turkish Constitutional Court and the Council of State but in a quite selective manner. The chapter finishes by describing the constitutional changes and the legislative and governmental measures in the aftermath of the coup of 2016 and their effects on the Turkish civil service, the court system and society. The upcoming era, thus, remains a “wait and see” period regarding the development of the said principles for Turkey.

Article 41 CFR Right to good administration

The right to good administration found in Article 41 CFR has been recognised as a general principle of EU law by the ECJ well before the adoption of the Charter. Paragraphs 3 and 4 replicate Article 340 TFEU as well as Articles 20(2)(d) and 24(4) TFEU respectively, so that the commentary on these provisions should be consulted for further information.

Implementation of Good Governance Principles on the European Level

In this chapter the focus is on the implementation of the principles of good governance by the European Union administrative institutions and the controlling institutions like the European Court of Justice and the European Ombudsman. The Treaty of Lisbon contains rules and obligations in respect of the implementation of these principles. The principle of transparency has found its expression in article 1 paragraph 2 TFEU. The principles of political participation are embodied in article 11 TEU. The right of access to documents of the Union’s institutions is a fundamental rule in article 15 TFEU. Furthermore, according to article 16 paragraph 8 TEU, the European Council of ministers must meet in public when acting as a legislator. These Treaty principles are complemented by the Charter of Fundamental Rights of the European Union which has entered into force with the final ratification of the Lisbon Treaty and its chapter on citizen’s rights like the right to good administration in article 41. In search for a better quality of administrative proceedings, a code on good administrative practise, a soft law instrument based on the logic of best practise has ultimately been adopted.

Boa administração: um direito fundamental a ser efetivado em prol de uma gestão pública eficiente

<p>Good administration: fundamental right to be implemented in favor of efficient public management</p><p> </p><p>O direito administrativo moderno encontra-se intrinsecamente relacionado com o direito constitucional. Uma consequência de tal relação é o direito fundamental a uma boa administração. O conceito de boa governança, de caráter mais amplo e multidisciplinar, e o princípio da eficiência auxiliam na definição daquilo que seja uma boa administração no serviço público. É dever do gestor público/decisor político atender aos objetivos fundamentais da Constituição por meio de uma administração que concilie os custos orçamentários com os interesses e necessidades do administrado, ou seja, a pessoa humana, razão de ser do Estado.</p><p> </p><p>Modern administrative law is intrinsically related to constitutional law. One consequence would be the so-called fundamental right to good administration. The concept of good governance, broader and multidisciplinary, and the principle of efficiency help in the definition of what good administration is in the public service. The public and political manager has the duty to comply the fundamental objectives of Constitution through a management that reconciles the budget costs with interests and needs of the administered, that is, the human person, reason for existence of the State.</p>