
Good Administration And The Council Of Europe: Law, Principles, And Effectiveness Examines The Existence And Effectiveness Of Written And Unwritten Standards Of Good Administration Developed Within The Framework Of The Council Of Europe (coe) And In The Case Law Of The European Court Of Human Rights. These Standards - Called 'pan- European General Principles Of Good Administration' - Cover The Entire Range Of General Organizational, Procedural, And Substantive Legal Institutions Meant To Ensure A Democratically Legitimized, Open, And Transparent Administration Respecting The Rule Of Law. They Are About The 'limiting Function' Of Administrative Law: Its Function To Protect Individuals From Arbitrary Power, To Legitimize Administrative Action, And To Combat Corruption. This Book Analyses The Sources And Functions Of The Pan-european General Principles Of Good Administration And Seeks To Uncover How Deeply They Are Rooted In The Domestic Legal Systems Of The Coe Member States. It Comprises 28 Country Reports Dedicated To An In-depth Exploration Of The Impact Of These Standards On The National Legal Systems Of The Member States Written By Respective Experts On These Systems. It Argues That The Pan-european General Principles Of Good Administration Lead To A Certain Harmonization Of The Legal Orders Of The Member States With Regard To The Limiting Function Of Administrative Law Despite The Many Fundamental Differences Between Their Administrative And Legal Systems. It Comes To The Further Conclusion That The Pan-european General Principles Of Good Administration Can Be Considered As A Concretization Of The Founding Values Of The Coe And Describes The 'administrative Law Obligations' A Member State Entered Into When Joining The Coe.
This book investigates the existence, sources, and practical effectiveness of pan-European general principles of good administration developed within the Council of Europe and the European Court of Human Rights. The authors, Agnė Andrijauskaitė and Ulrich Stelkens, leverage a comparative legal framework to analyze how these standards function to limit arbitrary power, ensure transparency, and combat corruption across diverse national jurisdictions. By synthesizing 28 country reports, the text argues that these principles facilitate a degree of legal harmonization among member states, effectively concretizing the founding values of the Council of Europe.
What You Will Find
Scope Limits
Legal scholars and practitioners frequently identify this work as a comprehensive reference for understanding the intersection of European human rights law and national administrative procedures. Experts highlight the text as a foundational resource for those studying the harmonization of administrative standards across the European continent.
Page Count:
912
Publication Date:
2020-01-01
Publisher:
Oxford University Press
ISBN-10:
0192605933
ISBN-13:
9780192605931
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