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Nehl, Hanns Peter --- "Good Administration as Procedural Right and/or General Principle?" [2009] ELECD 354; in Hofmann, C.H. Herwig; Türk, H. Alexander (eds), "Legal Challenges in EU Administrative Law" (Edward Elgar Publishing, 2009)

Book Title: Legal Challenges in EU Administrative Law

Editor(s): Hofmann, C.H. Herwig; Türk, H. Alexander

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847207883

Section: Chapter 12

Section Title: Good Administration as Procedural Right and/or General Principle?

Author(s): Nehl, Hanns Peter

Number of pages: 31

Extract:

12. Good administration as procedural
right and/or general principle?
Hanns Peter Nehl1

A. INTRODUCTION

In recent years, notably since the first proclamation on 7 December 2000
of the European Charter of Fundamental Rights,2 academic debate
turning on the notion of `good administration' in EC law has increased
considerably and given rise to a great number of doctrinal explanations.3
In particular, this is due to Article 41 of the above Charter which lists
in its second paragraph, under the title `Right to good administration',
a number of procedural rights and principles of `good' administrative
conduct, i.e. the right to be heard, the right of access to one's file and the
obligation of the administration to give reasons for its decisions. In so
doing, the Charter confers on these rights and principles the rank ­ though


1
The opinions expressed in this chapter are purely personal. This chapter deals
with the relationship between the EU citizen and the EC administration in respect
of administering EC economic law and thus does not take into account the case
law on EC staff matters which arguably follows a different rationale.
2
Charter of Fundamental Rights of the European Union, OJ (2000) C 364/1.
3
See, e.g., L. Azoulay, `The Judge and the Community's Administrative
Governance', in C. Joerges and R. Dehousse (eds), Good Governance in Europe's
Integrated Market, Oxford University Press (Oxford, 2002), p. 109; J. Ponce
Solé, `Good Administration and European Public Law: The Fight for ...