Full Description
Good Administration and the Council of Europe: Law, Principles, and Effectiveness examines the existence and effectiveness of written and unwritten standards of good administration developed within the framework of the Council of Europe (CoE) and in the case law of the European Court of Human Rights. These standards - called 'pan- European general principles of good administration' - cover the entire range of general organizational, procedural, and substantive legal institutions meant to ensure a democratically legitimized, open, and transparent administration respecting the rule of law. They are about the 'limiting function' of administrative law: its function to protect individuals from arbitrary power, to legitimize administrative action, and to combat corruption. This book analyses the sources and functions of the pan-European general principles of good administration and seeks to uncover how deeply they are rooted in the domestic legal systems of the CoE Member States. It comprises 28 country reports dedicated to an in-depth exploration of the impact of these standards on the national legal systems of the Member States written by respective experts on these systems. It argues that the pan-European general principles of good administration lead to a certain harmonization of the legal orders of the Member States with regard to the limiting function of administrative law despite the many fundamental differences between their administrative and legal systems. It comes to the further conclusion that the pan-European general principles of good administration can be considered as a concretization of the founding values of the CoE and describes the 'administrative law obligations' a Member State entered into when joining the CoE.
Contents
Ulrich Stelkens and Agn:e Andrijauskait:e: Introduction: Setting the Scene for a 'True European Administrative Law'
PART I: Foundations: Sources and Methods
1: Ulrich Stelkens and Agn:e Andrijauskait:e: Sources and Content of the Pan-European General Principles of Good Administration
2: Ulrich Stelkens and Agn:e Andrijauskait:e: How to Assess the Effectiveness of the Pan-European General Principles of Good Administration
PART II: The Receptivity to the Pan-European General Principles of Good Administration of the Administrative Law of Founding States of the Council of Europe
3: Sarah Nason: The Impact of Pan-European General Principles of Good Administration on United Kingdom Administrative Law: Shared Principles in a Strained Relationship
4: Yseult Marique: Belgian Pluralism and Pragmatism: A Differentiated Reception for the Pan-European General Principles of Good Administration
5: Emilie Chevalier: The Impact of Pan-European General Principles of Good Administration on the Administrative Law of France: Towards Selective Integration
6: Marco Macchia and Claudia Figliolia: The Pan-European General Principles of Good Administration in the Italian Legal System: A (Sometimes) Contradictory Path
7: Janneke Gerards, Frank van Ommeren, and Johan Wolswinkel: The Dutch Paradox. The Impact of the Pan-European General Principles of Good Administration in the Netherlands
8: Inger-Johanne Sand: The Council of Europe and Pan-European General Principles of Good Administration - the Influence on the Administrative Law of Norway
9: Jane Reichel: The Pan-European General Principles of Good Administration in Sweden - Undeniable but Partial Vehicles of Change
PART III: The Receptivity to the Pan-European General Principles of Good Administration of the Administrative Law of Accession States of the First Generation: 1949 - 1970
10: Müslüm Akinci: The Right to Good Administration under Turkish Law - the Process of Integrating with the Legal Culture of the Council of Europe
11: Ulrich Stelkens: The Impact of the Pan-European General Principles of Good Administration on German Law
12: Alexander Balthasar: The Austrian Perception of the Council of Europe - with Particular Regard to Administrative Law
13: Nadja Braun Binder and Ardita Driza Maurer: The Impact of the Pan-European General Principles of Good Administration on Swiss Law - between Exemplary Reception of the ECHR and Frictions due to Direct Democracy
PART IV: The Receptivity to the Pan-European General Principles of Good Administration of the Administrative Law of Accession States of the Second Generation: The Iberian Peninsula
14: Rui Tavares Lanceiro: The Impact of the ECHR and of Pan-European General Principles of Good Administration on the Administrative Law of Portugal
15: Dolores Utrilla Fernández-Bermejo: The Council of Europe as a Source of General Principles of Good Administration in Spain
PART V: The Receptivity to the Pan-European General Principles of Good Administration of the Administrative Law of Accession States of the Third Generation: the Eastward Enlargement
16: Ida Koivisto: Pan-European General Principles of Good Administration in Finland: from Margin to Centre?
17: Petra Lea Láncos: The Innocuous Impact of Pan-European General Principles of Good Administration on Hungarian Law and Legal Practice
18: Barbara Grabowska-Moroz and Marek Wierzbowski: 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
19: Vesco Paskalev: Implementation of the Pan-European General Principles of Good Administration in Bulgaria?
20: Madis Ernits and Karmen Pähkla: Europeanization through Constitutionalism: Estonia
21: Jurgita Pauzaité-Kulvinskiené and Agn:e Andrijauskait:e: Pan-European General Principles of Good Administration in Lithuania - A Success Story with Caveats
22: Ales Fercic: The Moderate Impact of the Pan-European General Principles of Good Administration on Slovenian Administrative Law
23: Filip Krepelka: Lip Service or Genuine Consideration of the Pan-European General Principles of Good Administration in Czechia?
24: Dacian C. Dragos and Cosmina Chirila: A Tale of Europeanization: Romanian Administrative Law and its Deference to the Pan-European General Principles of Good Administration
25: Janis Neimanis: Good Administration in the Administrative Law of the Republic of Latvia
26: Irma Spahiu: The Impact of the Pan-European General Principles of Good Administration on Albanian Law - a Struggle between Law-Making and Implementation
27: Lana Ofak: The Impact of the Pan-European General Principles of Good Administration on Croatian Administrative Law - Arising from the Case Law of the Croatian Constitutional Court
28: Tamar Gvaramadze: Georgian Administrative Law - from Soviet Era to European Standards
29: Vache Kalashyan and Tigran Grigoryan: Towards Implementation of the Pan-European General Principles of Good Administration through Reforms of the Public Administration System: the Case of Armenia
30: Vuk Cucic: The Pan-European General Principles of Administrative Law - the Serbian Legislator's Inspiration and Conscience
PART VI: Conclusion
31: Ulrich Stelkens, Agn:e Andrijauskait:e, and Yseult Marique: Mapping, Explaining and Constructing the Effectiveness of the Pan-European Principles of Good Administration: Overall Assessment
