THE RIGHT TO GOOD ADMINISTRATION
THE RIGHT TO GOOD ADMINISTRATION

Summary/Abstract: What seems relevant to us to emphasize in the current study is the general trend of the evolution in the approach of the right to good administration as a right which defends us against the arbitrary administrative decisions in the European Union. The right to good administration is a fundamental right stipulated in the article 41 from the Charter of Fundamental Rights of the European Union and it is guaranteed to the citizens of the European Union in their relation with the institutions, bodies, offices and agencies of the European Union. The Charter and the right to good administration are applied to the States which are members of the European Union, Romania included; when they bring into effect the European Union right. In such conditions, our purpose is to analyze the possibility to encode the fundamental principles of the good administration, in order to modernize and Europeanize the public administration in Romania. In order to reach this objective, following a key – scheme, we will analyze the place and the role of the public administration in the Constitution of Romania, republished, the approach of the public administration from the Romanian and French constitutional and administrative doctrine point of view, the content of the right to good administration, European and Romanian constitutional reference points regarding the application of the Charter of Fundamental Rights of the European Union, constitutional stipulations of some States which are members of the European Union which establish some exigencies of the right to good administration. The final part of the study is dedicated to the possibility to elaborate of a Code for good administrative conduct in Romania.

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