Introduction: Mapping, explaining, and constructing the effectiveness of the pan-European principles of good administration : overall assessment / Ulrich Stelkens, Agnė Andrijauskaitė, and Yseult Marique Sources and content of the pan-European general principles of good administration / Ulrich Stelkens and Agnė Andrijauskaitė -- How to access the effectiveness of the pan-European general principles of good administration : research methods and approach / Ulrich Stelkens and Agnė Andrijauskaitė -- The impact of pan-European general principles of good administration on United Kingdom administrative law : shared principles in a strained relationship / Sarah Nason -- Belgian pluralism and pragmatism : shared principles in a strained relationship / Yseult Marique -- The impact of pan-European general principles of good administration on the administrative law of France : towards selective integration / Emilie Chevalier -- The pan-European general principles of good administartion in the Italian legal system : a (sometimes) contradictory path / Marco Macchia and Claudia Figliolia -- The Dutch paradox : the impact of the pan-European general principles of good administration in the Netherlands / Janneke Gerards, Frank van Ommeren, and Johan Wolswinkel -- The Council of Europe and pan-European general principles of good administration : the influence on the administrative law of Norway / Inger-Johanne Sand -- The pan-European general principles of good administration in Sweden : undeniable but partial vehicles of change / Jane Reichel -- The right to good administration under Turkish law : the process of integration with the legal culture of the Council of Europe / Müslüm / Akinci -- The impact of the pan-European general principles of good administration on German law : is yet to come! / Ulrich Stelkens -- The Austrian perception of the Council of Europe : with particular regard to administrative law / Alexander Balthasar -- 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 / Nadja Braun Binder and Ardita Driza Maurer -- The impact of the ECHR and of pan-European general principles of good administration on the administrative law of Portugal / Rui Tavares Lanceiro -- The Council of Europe as a source of general principles of good administration in Spain / Dolores Utrilla Fernández-Bernerjo -- Pan-European general principles of good administration in Finland : from margin to centre? / Ido Koivsto -- The innocuous impact of pan-European general principles of good administration on Hungarian law and legal practice / Peta Lea Láncos -- 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 / Barbara Grabowska-Moroz and Marek Wierzbowski -- Implementation of the pan-European principles of good administration in Bulgaria? : it would be a really good idea / Vesco Paskalev -- Europeanization through constitutionalism : Estonia / Madis Ernits and Karmen Pähkla -- The pan-European general principles of good administration in Lithuania : a success story with caveats / Jurgita Paužaitė-Kulvinskeinė and Agnė Andrijauskaitė -- The moderate impact of the pan-European general principles of good administration on Slovenian administrative law / Aleš Ferčič -- Lip service or geniune consideration of the pan-European general principles of good administration in Czechia? / Filip Křepelka -- A tale of Europeanization : Romanian administrative law and its deference to the pan-European General principles of good administration / Dacian C. Dragos and Cosmina Chirla -- Good administration in the administrative law of the Republic of Latvia / Jänis Neimanis -- The impact of the pan-European general principles of good administration on Albanian law : a struggle between law-making and implementation / Irma Spahiu -- 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 / Lana Ofak -- Georgian administrative law : from Soviet era to European standards / Tamar Gvaramadze -- Towards implementation of the pan-European general principles of good administration through reforms of the public administration system : the case of Armenia / Vache Kalashyan and Tigran Grigoryan -- The pan-European general principles of adminstrative law : the Serbian legislator's inspiration and conscience / Vuk Cucič -- Mapping, explaining, and constructing the effectiveness of the pan-European principles of good administration : overall assessment / Ulrich Stelkens, Agnė Andrijauskaitė, and Yseult Marique
Summary:
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 combat0corruption. 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.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.