We use cookies to enable the full features of this site. By continuing to browse this site you agree to the use of cookies. Find out more by reading our data privacy statement

← back

Phase 1: Book publication: Ulrich Stelkens and Agnė Andrijauskaitė - Good Administration and the Council of Europe - Law, Principles, and Effectiveness

 

The book "Good Administration and the Council of Europe: Law, Principles, and Effectiveness"  contains the findings of the first stage of the project.

"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.

 

Book editors

Ulrich Stelkens is Professor of Public Law, German and European Administrative Law at the German University of Administrative Sciences Speyer as well as Senior Fellow at the German Research Institute for Public Administration. His main areas of research include European Administrative Law, Administrative Procedure Law, Liability of Public Authorities, Infrastructure Law, Public Contract Law, and Economic Administrative Law.

Agnė Andrijauskaitė is research associate at the German Research Institute for Public Administration as well as PhD Student at the Vilnius University and the German University of Administrative Sciences Speyer. Her main areas of research include European Administrative Law, Administrative Punishment, and European Human Rights Law.

 

 

Introduction: Setting the Scene for a 'True European Administrative Law

Part I: Foundations: Sources and Methods

Part II: The Receptivity to the Pan-European General Principles of Good Administratioin of the Administrative Law of Founding States of the Council of Europe

Part III: The Receptivity to the Pan-European General Principles of Good Administratioin of the Administrative Law of Accession States of the First Generation: 1949 - 1970

Part IV: The Receptivity to the Pan-European General Principles of Good Administratioin of the Administrative Law of Accession States of the Second Generation: The Iberian Peninsula

Part V: The Receptivity to the Pan-European General Principles of Good Administratioin of the Administrative Law of Accession States of the Third Generation: The Eastward Enlargement

Part VI: Conclusion

 

 

Introduction: Setting the Scene for a 'True European Administrative Law

Ulrich Stelkens and Agnė Andrijauskaitė, Setting the Scene for a 'True European Administrative Law'

The Introduction outlines the notion, the main features, the sources and the scope of the pan-European principles of good administration developed within the framework of the Council of Europe (CoE). It elaborates on their relationship to EU administrative law in describing the characteristics of EU administrative law and contrasts it with the characteristics of ‘CoE administrative law’. Moreover, the Introduction discusses the commonalities of the research on the pan-European general principles of good administration with the research on European human rights law and the quest for a ‘European rule of law’. It furthermore examines the general concepts of ‘good governance’ and ‘good administration’, the differences between them and the relevance of these notions for the research on pan-European principles of good administration. It finishes with a presentation of the effectiveness of pan-European principles of good administration as a main research question and the approach thereto taken in this book.


PART I: FOUNDATIONS: SOURCES AND METHODS

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

Ulrich Stelkens and Agnė Andrijauskaitė, Sources and Content of the Pan-European General Principles of Good Administration

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’.

2. How to Assess the Effectiveness of the Pan-European General Principles of Good Administration: Research Methods and Approach

Ulrich Stelkens and Agnė Andrijauskaitė, How to Assess the Effectiveness of the Pan-European General Principles of Good Administration: Research Methods and Approach

This chapter discusses the approach used in this book to assess the effectiveness of the pan-European general principles of good administration in harmonizing the domestic administrative law of the Member States of the Council of Europe with regard to the ‘limiting function’ of administrative law. It explains the criteria justifying the choice of the 28 Member States included in the research and the exclusion of the others. It gives reasons why the research is not extended to the impact of these principles on the (supranational) legal order of the European Union. Finally, it explains the methods used by the national experts to assess the impact and effectiveness of the pan-European general principles of good administration in their respective legal orders, i.e. the so-called paths of reception, namely through national legislation, through administrative self-commitments, and through national case law referring to and directly applying these principles as standards of review.


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. United Kingdom

Sarah Nason, The Impact of Pan-European General Principles of Good Administration on United Kingdom Administrative Law: Shared Principles in a Strained Relationship

This chapter explores the impact of the pan-European principles of good administration on the legal system of the United Kingdom. The chapter reveals that whilst the European Convention on Human Rights, and the judgments of the European Court of Human Rights, have deeply impacted on domestic administrative law, the same cannot be said regarding other sources of the pan-European general principles of good administration. Furthermore, the chapter claims that the UK, as a founder member of the Council of Europe (CoE), sees itself as continuing to provide a degree of critical oversight of the CoE’s system. There is both political and legal resistance to the idea that international norms, such as those developed by the CoE, could provide a template for elements of the domestic legal order. However, the chapter concludes that in a post-Brexit UK the pan-European general principles of good administration may well take on increased significance.

4. Belgium

Yseult Marique, Belgian Pluralism and Pragmatism: A Differentiated Reception for the Pan-European General Principles of Good Administration

This chapter discusses the impact on Belgian administrative law of the pan-European principles of good administration from the Council of Europe (CoE). Although the Belgian legal order is rather receptive to European law the specific direct impact of the CoE on good administration is limited, with the exception of the constitutional provision enacting administrative transparency. This situation is due to three factors. First, Belgian administrative law first and foremost borrows concepts from its neighbours, France and the Netherlands. Secondly, the CoE´s influence is most often mediated by technical devices, such as the constitutional provisions relating to equality. Finally, some principles of good administration, such as linguistic rights, are politically sensitive, which highlights the formal limitation of the CoE’s influence on Belgian principles of good administration. Overall, the CoE acts as a “high magistrature” influencing administrative, legislative and political actors, as long as these broadly agree with the CoE’s principles.

5. France

Emilie Chevalier, The Impact of Pan-European General Principles of Good Administration on the Administrative Law of France: Towards Selective Integration

This chapter is dedicated to exploring the impact of the pan-European principles of good administration on French administrative law. The chapter discloses that, despite the involvement of France in the functioning and work of the Council of Europe (CoE), reception of the said principles remains selective in the country. This may be attributed to the fact that French administrative law is a relatively old and deeply rooted system, and numerous laws were already adopted when the CoE started paying attention to certain issues. However, a certain but very indirect influence can be discerned with regard to the codification of individuals’ rights in administrative procedure and the discussion of local self-government. Sometimes the influence of the CoE is perceived as too disruptive for national administrative law. The chapter concludes that it remains mostly for the administrative judge to facilitate the reception of the pan-European principles of good administration.

6. Italy

Marco Macchia and Claudia Figliolia, The Pan-European General Principles of Good Administration in the Italian Legal System: A (Sometimes) Contradictory Path

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.

7. The Netherlands

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

Even though the Netherlands was one of the founding fathers of the CoE, the impact of CoE conventions and soft law on Dutch administrative law and the development of the principles of good administration is rather patchy and uneven. This ‘Dutch paradox’ can be explained by the much more significant and direct impact of the European Convention on Human Rights on both substantive and procedural national administrative law. At least partly, this impact can be explained by the existence of a coherent body of ECtHR case-law that is relevant to almost all areas of administrative law and that can be readily and easily applied on the national level. Nevertheless, the chapter concludes that it might be useful for Dutch authorities to keep an eye on other CoE instruments that may be relevant for the development of general administrative law, especially because the ECHR provides for minimum protection only.

8. Norway

Inger-Johanne Sand, The Council of Europe and Pan-European General Principles of Good Administration - the Influence on the Administrative Law of Norway

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 have generally contributed to strengthening the ‘rule-of-law tradition’ in Norwegian law. This contribution is especially palpable in specialized fields like migration and family law. However, in other fields, such as local self-government, data protection or 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.

9. Sweden

Jane Reichel, The Pan-European General Principles of Good Administration in Sweden - Undeniable but Partial Vehicles of Change

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.


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. Turkey

Müslüm Akinci, The Right to Good Administration under Turkish Law - the Process of Integrating with the Legal Culture of the Council of Europe

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.

11. Germany

Ulrich Stelkens, The Impact of the Pan-European General Principles of Good Administration on German Law

This chapter discusses the impact on German administrative law of the pan-European general principles of good administration developed within the framework of the Council of Europe (CoE). The chapter highlights that most of the German core statutes on administrative law had already been enacted or were developed before the adoption of the said principles. Moreover, the low availability and the lack of translation of the ‘CoE sources’ as well as the (over)reliance of German courts on the national constitution in developing standards of individual protection present further hindrances for their full permeation. However – at least conceptually – German law lives up to the said principles and often even exceeds them. The chapter concludes that it seems to be only a matter of time and the right opportunity for such impact to become full-blown in the German legal system.

12. Austria

Alexander Balthasar, The Austrian Perception of the Council of Europe - with Particular Regard to Administrative Law

This chapter explores the impact on Austrian administrative law of the pan-European general principles of good administration developed within the framework of the Council of Europe (CoE). It reveals that the standards of individual protection stemming from the European Convention on Human Rights have greatly influenced the system of administrative justice in Austria. The impact of other CoE sources, especially various recommendations on administrative law, for its part remains rather limited due to their high tension with the (constitutional) principle of legality. The chapter concludes that a widening gap in the relationship between the CoE and Austria can be discerned, partially because of the changing priorities of the latter and the ever-growing influence of the European Union.

13. Switzerland

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

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.


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. Portugal

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

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.

15. Spain

Dolores Utrilla Fernández-Bermejo, The Council of Europe as a Source of General Principles of Good Administration in Spain

This chapter discusses the impact on Spanish administrative law of the pan-European principles of good administration developed by the Council of Europe (CoE). It reveals the prominent role of the CoE in Spain’s transition to democracy after Franco’s death on 20 November 1975. Today, while there is generally no conceptual mismatch between Spanish administrative law and the said principles, their impact is fragmentary and sector-based, rather than comprehensive and systematic. Whereas in areas such as local self-government this impact appears to be high, elsewhere it has been either overshadowed by EU law or the already existing comprehensive domestic legal framework and, hence, very indirect.


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. Finland

Ida Koivisto, Pan-European General Principles of Good Administration in Finland: from Margin to Centre?

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.

17. Hungary

Petra Lea Láncos, The Innocuous Impact of Pan-European General Principles of Good Administration on Hungarian Law and Legal Practice

This chapter discusses the influence of the pan-European principles of good administration in the Hungarian legal system. It discloses that while the impact and role of these pan-European principles, in particular that of the case law of the European Court of Human Rights, are growing in Hungarian legislation and jurisprudence, clear traces of them are still difficult to discern. It also finds that, despite some influence stemming from the Council of Europe (CoE) in the codification concepts underlying recent procedural reforms, the full potential to that effect is far from being realized. Especially, reliance on soft law instruments of the CoE remains problematic, in part due to legal formalism inherited from the country’s socialist past.

18. Poland

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

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.

19. Bulgaria

Vesco Paskalev, Implementation of the Pan-European General Principles of Good Administration in Bulgaria?

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.

20. Estonia

Madis Ernits and Karmen Pähkla, Europeanization through Constitutionalism: Estonia

This chapter discusses the impact on Estonian administrative law of the pan-European principles of good administration developed by the Council of Europe (CoE). It argues that there is no conceptual mismatch between Estonian law and the administrative law of the CoE. This is attested by the fact that the European Convention on Human Rights was one of the main models for the constitutional rights chapter of the Estonian Constitution and remains widely discussed in the case law of Estonian courts. Moreover, the laws on the general part of Estonian administrative law – the Administrative Procedure Act and State Liability Act of 2001 – among other things, have been guided by the pan-European principles of good administration. At the same time the chapter expresses doubts regarding the significance of the soft law sources of the CoE because of the principle of legality prevalent in Estonian law, which presents a hindrance to their permeation.

21. Lithuania

Jurgita Paužaitė-Kulvinskienė and Agnė Andrijauskaitė, Pan-European General Principles of Good Administration in Lithuania - A Success Story with Caveats

This chapter discusses the impact of the pan-European general principles of good administration in Lithuania. It shows that there is a general openness to incorporating these principles into the Lithuanian legal system, albeit not without limitations. This can be attributed to three major factors – legitimacy, a favourable legal framework and agency given to these principles by the domestic actors. Especially, administrative courts seem to be progressively facilitating their application. Yet, while in certain domains the said principles have permeated the Lithuanian legal system to a remarkable extent, in others their use seems to be somewhat underutilized, be it because of domestic regulatory sufficiency, EU influence or unwillingness to make use of these principles by adopting ‘softer’ legal instruments such as codes of conduct or administrative self-commitments.

22. Slovenia

Aleš Ferčič, The Moderate Impact of the Pan-European General Principles of Good Administration on Slovenian Administrative Law

This chapter explores the impact of the pan-European general principles of good administration on the Slovenian legal system. It presents the main finding that Slovenian (general) administrative law is more or less in line with these principles. It furthermore discusses several Slovenian legislative acts that have been adopted with explicit reference to these principles as well as other pathways of reception in this legal system. At the same time the chapter makes it clear that the overall impact of the said principles has been modest and that more could and should be done to spread knowledge about them throughout the whole system of the Slovenian judiciary and public bodies.

23. Czechia

Filip Křepelka, Lip Service or Genuine Consideration of the Pan-European General Principles of Good Administration in Czechia?

This chapter discusses the impact on Czech administrative law of the pan-European principles of good administration developed by the Council of Europe (CoE). It argues that the work of the CoE in the realm of administrative law has enjoyed a limited impact on Czech administrative law. This can be attributed to the fact that Czechia did not take part in the drafting of CoE standards as well as the EU’s influence, which is gaining more and more importance, among other things. The chapter concludes that despite this rather limited effectiveness of the pan-European general principles of good administration in Czech administrative law, this does not mean that they are useless for Czechia as a country in transition endangered by a relapse into illiberalism and authoritarianism. On the contrary, they may serve as a firewall against any eventual deterioration of the national framework.

24. Romania

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

This chapter is dedicated to exploring the impact of the pan-European general principles of good administration on the Romanian legal system. It highlights that these principles play a seminal role in filling the gaps in Romanian legislation as well as in the case law. At the same time the Romanian administration is less willing to use them and relies mostly on domestic (written) law. Hence, the chapter argues that the pan-European general principles of good administration are still undergoing a process of structuring, awareness and acceptance in Romania

25. Latvia

Janis Neimanis, Good Administration in the Administrative Law of the Republic of Latvia

This chapter explores the impact of the pan-European general principles of good administration on the Latvian legal system. The chapter concludes that there is a conceptual match between the administrative law of Latvia and the pan-European general principles of good administration. This, among other things, is reflected by the fact that recommendations of the Council of Europe (CoE) were used as models for complementing the Latvian code of administrative procedure. It furthermore claims that general acceptance of the principle of good administration in the Latvian legal order in particular considerably facilitates reception of the CoE’s work in the realm of administrative law. At the same time the chapter highlights that implementation of the principles of good administration in Latvia could be improved and used in a more precise manner.

26. Albania

Irma Spahiu, The Impact of the Pan-European General Principles of Good Administration on Albanian Law - a Struggle between Law-Making and Implementation

This chapter is dedicated to exploring the impact on the Albanian legal system of the pan-European general principles of good administration developed by the Council of Europe (CoE). It argues that the CoE has been engaged in almost every area of law reform and been present in monitoring elections and constitutional referendums, delivering programmes and training, offering assistance with law-making (including the Constitution and codes), supporting justice reform and advising government authorities. Especially, the European Convention on Human Rights is held in high esteem in Albania even if its application is often curtailed by language and access barriers. The chapter concludes that in order to reach full compliance with the said principles Albania still has to go through significant reforms, including the justice reform that has been ongoing in the country for the last five years with very slow progress.

27. Croatia

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

This chapter discusses the impact of the pan-European general principles of good administration on the Croatian legal system. It discloses that such an impact is especially discernible in the field of administrative proceedings as Croatia had to reform the system thereof in order to stay in line with Article 6 of the European Convention on Human Rights. However, it goes on to reveal that the case law of the Croatian administrative courts shows that, to a certain extent, a lack of knowledge of the said principles persists. This can be attributed to the cases of overly formalistic applications of law stemming from a deep-rooted legacy of ‘passive’ administration that calls for change.

28. Georgia

Tamar Gvaramadze, Georgian Administrative Law - from Soviet Era to European Standards

This chapter discusses the impact of the pan-European principles of good administration on Georgian administrative law. It shows that the legal reforms and modern administrative legislation that started in Georgia in the 1990s were mostly influenced, and directed by, Western values and European principles, including core provisions of the Council of Europe. This influence has manifested itself, among other things, in the Georgian legislator giving constitutional importance to the right to a fair hearing in administrative proceedings and underlining the importance of good administration. Moreover, special parts of administrative law, such as regulation of local self-governance and personal data protection, have also not been immune to this influence, which has been strengthened by the progressive approach undertaken by Georgian courts.

29. Armenia

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

This chapter discusses the impact of the pan-European general principles of good administration on Armenian administrative law. The chapter claims that successful reform of Armenian public administration is an indispensable prerequisite for successful implementation of these principles but that there is still a long way to go. Besides this, the Armenian legal order is generally open to being shaped and influenced by the said principles and demonstrates numerous successful examples thereof. Nevertheless, the chapter highlights that usually the Armenian legislator is the only one to transfer these principles into Armenian law. It describes the reception of the pan-European general principles of good administration as still being under development in Armenia. The chapter concludes that in order to guarantee the full extent of ‘good administration’ it remains necessary that general reforming of Armenian public administration be successfully implemented.

30. Serbia

Vuk Cucić, The Pan-European General Principles of Administrative Law - the Serbian Legislator's Inspiration and Conscience

This chapter is dedicated to exploring the impact of the pan-European principles of good administration on Serbian administrative law. It shows that the main (and almost exclusive) path for reception of these principles in Serbia has been through legislation, including the ‘core’ domains of administrative law. This chapter furthermore reveals that the Serbian legal system only rarely relies on alternatives to legislative enactment such as direct application of ratified international agreements or development of standards through judicial and administrative case law. It identifies that the reasons for this are the language barrier, the lack of online dissemination of the relevant Council of Europe materials, and the prevailing ‘formalistic’ attitude – to name but a few.


PART VI: CONCLUSION

31. Mapping, Explaining and Constructing the Effectiveness of the Pan-European Principles of Good Administration: Overall Assessment

Ulrich Stelkens, Agnė Andrijauskaitė and Yseult Marique, Mapping, Explaining and Constructing the Effectiveness of the Pan-European Principles of Good Administration: Overall Assessment

This chapter is dedicated to transversal analysis of the effectiveness of the pan-European general principles of good administration developed within the framework of the Council of Europe (CoE). First, it gives an overview of the differences and particularities of the national administrative law that come forth when looking at the effectiveness of these principles on the national level. It explains why they have different effects and work in different ways in different legal orders. Second, these different modes of operation of the principles are explained: to be effective on the national level they must be transposed, implemented and enforced. Thirdly, the chapter looks at the normative function of these principles on the level of the CoE. They concretize the ‘founding values’ of the CoE (Article 3 of its Statute) with regard to the administration of its Member States. The chapter finishes with an outlook on further desiderata of research.