The Right to Good Administration of the EU
Definition, Scope and Content
Abstract
Article 41 of the Charter for Fundamental Rights of the EU guarantees
the right to good administration as fundamental right of the citizens of
the EU. This right, as defined in the Charter, applies to situations
between the citizens and the institutions, and bodies of the European
Union. This paper elaborates this right vs. the right to good governance
as a broader concept, its status as a fundamental right and principle
guaranteed in the EU, and its scope and content through an analysis of
the practice of the European Court of Justice (ECJ) and the European
Court of Human Rights (ECtHR).
Considering that the principle of good administration (or in a broader
sense good governance) is a relatively new phenomenon in the EU and
yet imprecisely defined, this research will be of great importance in
defining the scope and content of the "right to good administration"
through the light of the practice of the ECJ and ECtHR.