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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
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The Right to Good Administration (Hardcover)
Loot Price: R5,847
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The Right to Good Administration (Hardcover)
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Among the rights conferred on the citizens of Europe by the Charter
of Fundamental Rights and Freedoms is the right to good
administration. It is anticipated that the new Reform
Constitutional Treaty will operate to make the Charter and its
rights legally binding. This is the first time that any legal
system has proclaimed such a right and then sought to
constitutionalise it. Whether the right to good administration
under the Charter represents a new right, and, if such a right
exists, whether it varies according to whether the executive is
mandated to control or steward, is the subject matter of this
thoughtful, unblinkered book.Grounding her exposition in a
deeply-informed engagement with relevant primary and secondary
sources, the author exposes the serious difficulties and
contradictions in the concept of the right to good administration.
She demonstrates that the features of good administration cannot be
fixed or fully enunciated, but are identified only when the conduct
of the administration fails to reach an acceptable standard, a
standard that varies over time and context. And in the modes of the
concept most often embraced, such as the notion of citizen as
consumer with marketplace choice, and the notion of consultation, a
form of participatory democracy which privileges those individuals
and communities who have the political sophistication to organize
themselves and further marginalize large sectors of unorganized
society; she finds a virtual denial of the democratic concept of
citizen as sovereign, the creator of state power who can dictate
the exact limits to be placed on personal autonomy.The
extraordinary clarity and conviction of the author's approach is
apparent in the details of her presentation, which include analysis
of the following factors among others: the enforceable content of
the right, including the role of the European Ombudsman; the
relationship between good governance and good administration; the
duties of the Commission as administrator; the uncertain reach of
the concept of maladministration; damages in compensation actions
as remedy for breach of good administration; pre-Charter principles
of good administration as agreed in the Council of Europe and
developed by the Courts; and the right of access to documentation,
especially as it relates to the policy of language diversity. The
final chapters examine the role of the right to good administration
in the fraught contexts of competition law, Community finances, and
the European environmental framework. This far-seeing study breaks
new ground in the ever more politicized debate over the future of
the European Union. As good administration is the mechanism by
which the principles of good governance are to be delivered, the
detailed attention given to this subject here is more than
warranted. It is sure to be of exceptional value to all concerned
with the development of an administrative institution of integrity
and accountability in EU governance.
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