The right to good administration in European Union law – between soft law and a binding normative standard Cover Image

Prawo do dobrej administracji w prawie Unii Europejskiej – między soft law a wiążącym standardem normatywnym
The right to good administration in European Union law – between soft law and a binding normative standard

Author(s): Aleksandra Szczerba-Zawada, Małgorzata Pierzecka
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Published by: Akademia im. Jakuba z Paradyża
Keywords: right to good administration; Charter of Fundamental Rights of the European Union; European Code of Good Administrative Behavior

Summary/Abstract: In a modern legal system based on the rule of law, protection of the legal status of an individual is an important determinant of the freedom of action of public authorities. The principles related to this paradigm, such as the principle of non-discrimination, legalism or fairnessin administrative proceedings are reflected in the right to good administration. In the European Union this right is expressed in Art. 41 of the EU Charter of Fun- damental Rights. Its codification in this most important EU human rights document not only expanded the catalog of sources of EU law in the field of the right to good administra- tion, both hard law and soft law, but also placed this right in a human rights perspective. As a result certain obligations of public administration have been correlated with the sub- jective right of the individual to demandtheir implementation. The aim of the article is to analyze the right to good administration with particular emphasis on the impact of its diversified catalog of sourceson the normative standard as issue. The considerations will be based on the theoretical and dogmatic-legal methods with the incidental use of the historical method. The references to the CJEU jurisprudence, which played a fundamental role in shaping the components of the right to good administration as general principles of EU law and nowadays – in constructing right to good administration codified in Art. 41 of the EU Charter, are of great importance for the consideration.

  • Issue Year: 1/2020
  • Issue No: 9
  • Page Range: 55-76
  • Page Count: 22
  • Language: Polish
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