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RIGHT TO GOOD ADMINISTRATION IN THE EU
Abstract
This paper aims to explore the meaning and scope of the right to good administration, which is enshrined in Article 41 of the Charter of Fundamental Rights of the European Union (CFREU). The right to good administration is one of the guarantees that the CFREU provides to every person who is subject to the actions of the EU institutions, bodies, offices and agencies. According to Article 41, this right entails, among other things, the right to be heard, the right to access one’s file, the right to receive reasons for decisions, and the right to an impartial and fair treatment within a reasonable time. The paper analyses the content and implications of this right, and the extent to which it applies to Member states, by examining the relevant case law of the Court of Justice of the European Union (CJEU). The paper will also compare and contrast the right to good administration as a fundamental right with the broader principle of good governance, which encompasses various standards and values that aim to ensure the legitimacy, accountability, transparency, efficiency and effectiveness of public administration. By doing so, the paper attempts to demonstrate how the right to good administration and the principle of good governance have evolved and influenced each other in the context of EU law and administration. The paper will also highlight the challenges and opportunities that these principles pose for the protection and promotion of the rule of law and democracy in the EU.
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