Principles of Administrative Law

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Questions and Answers

What is a key aspect of Good Administration within EU Law?

  • Lack of transparency in decision-making processes
  • Adherence to a flexible application of legal rules
  • Prioritizing speed over thoroughness in administrative procedures
  • Accountability and justification of administrative decisions (correct)

Discretionary power in administrative law typically allows officials to:

  • Make arbitrary decisions without any guidelines
  • Rely solely on legal stipulations without interpretation
  • Apply laws in a flexible manner based on individual circumstances (correct)
  • Neglect procedural safeguards if deemed necessary

Which principle is not typically associated with the procedural aspects of administrative law?

  • Right to be heard
  • Prohibition of retroactive laws (correct)
  • Timeliness in decision-making
  • Duty to give reasons

What is considered a fundamental principle of openness in administrative procedures?

<p>Transparency of decision-making processes (B)</p> Signup and view all the answers

The principle of proportionality in administrative law typically seeks to:

<p>Ensure that any administrative action is balanced and appropriate (C)</p> Signup and view all the answers

Which of the following is NOT a substantive principle of EU law?

<p>Flexibility in administrative discretion (A)</p> Signup and view all the answers

What is a major disadvantage of discretionary power in administrative law?

<p>It may result in arbitrary or inconsistent decisions. (D)</p> Signup and view all the answers

Good Administration in EU law emphasizes which of the following?

<p>Transparency, fairness, and respect for rights (A)</p> Signup and view all the answers

Which principle focuses on the decision-making process in administrative law?

<p>Procedural Principles (B)</p> Signup and view all the answers

Which of the following best describes the 'duty to give reasons' in administrative decisions?

<p>An obligation to provide justification for decisions taken (B)</p> Signup and view all the answers

How does applying the principles of administrative law benefit individuals?

<p>By protecting against abuse of public power. (B)</p> Signup and view all the answers

In the context of EU Administrative Law, procedural principles are primarily concerned with:

<p>The methods and processes used in decision-making (B)</p> Signup and view all the answers

What may be a consequence of an overemphasis on the general interest in decision-making?

<p>Disregard for individual interests. (D)</p> Signup and view all the answers

What is the role of discretionary power in administrative law?

<p>It gives decision-makers the freedom of choice within certain legal boundaries. (A)</p> Signup and view all the answers

Which of the following is not a principle that must be respected when the administration takes a decision?

<p>The personal beliefs of the decision-maker (C)</p> Signup and view all the answers

What led to the evolution of general principles of administrative law?

<p>The necessity to prevent the abuse of discretionary powers. (D)</p> Signup and view all the answers

In which field of law is discretionary power typically less prominent?

<p>Tax Law (D)</p> Signup and view all the answers

Which principle emphasizes responsible and reasonable decision-making in the exercise of public power?

<p>Principle of Good Administration (D)</p> Signup and view all the answers

What does codification in administrative law refer to?

<p>The process of systematically organizing and documenting principles of administrative law. (C)</p> Signup and view all the answers

Which of the following best describes the general principles of administrative law?

<p>They are recognized similarly across European legal systems. (B)</p> Signup and view all the answers

How should discretionary power be exercised according to administrative law principles?

<p>With adherence to legal standards and responsibilities. (C)</p> Signup and view all the answers

What aspect differentiates tax law from land-use plans in terms of discretionary power?

<p>Land-use plans involve less discretion than tax law. (D)</p> Signup and view all the answers

What do substantive principles impose on the administration?

<p>Requirements regarding content of decisions or measures (D)</p> Signup and view all the answers

Which articles recognize good administration as a fundamental right in EU law?

<p>Article 6(3) TEU and Article 41 CFR (C)</p> Signup and view all the answers

What is a key defining feature of good administration under Article 41 CFR?

<p>Focus on both individual and general decision-making (A)</p> Signup and view all the answers

Which of the following is NOT guaranteed under the right to good administration?

<p>Duties of administration to consult external parties (A)</p> Signup and view all the answers

What does Article 6(3) TEU refer to in the context of good administration?

<p>General principles of EU law relating to administration (D)</p> Signup and view all the answers

How does the scope of good administration under Article 41 CFR differ from that under Article 6(3) TEU?

<p>It is broader and includes general acts (C)</p> Signup and view all the answers

Which of the following best describes the obligation of administration related to decision-making?

<p>To give reasons for its decisions (D)</p> Signup and view all the answers

Which characteristic is fundamental to the notion of good administration in a legal context?

<p>It assures fairness and reasonableness (A)</p> Signup and view all the answers

Flashcards

Good Administration (EU Law)

A general principle of EU law, requiring fairness and efficiency in decision-making by EU institutions and member states.

Article 6(3) TEU

EU treaty article that recognizes a general principle of good administration.

Article 41 CFR

EU charter that recognizes good administration as a fundamental right.

Material Scope of Article 41 CFR

Focuses on individual decisions, not general actions.

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Material Scope of Article 6(3) TEU

Encompasses general acts, covering multiple situations.

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Obligations Under Good Administration

EU institutions, bodies, offices, agencies, and national government bodies are covered when acting under EU law.

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Right to be Heard

Individuals have the right to share their views before decisions affecting them are made.

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Right of Access to File

Individuals have the right to view their case files, considering confidentiality needs.

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Administrative Law Tasks

The responsibilities of administrative bodies have grown significantly, requiring them to make decisions and enforce regulations.

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Discretionary Power

The freedom for administrative bodies to make choices within the boundaries of the law.

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Limits on Discretionary Power

Administrative bodies are bound by specific rules, fundamental rights, and general principles of administrative law when making decisions.

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General Principles of Administrative Law

Basic guidelines that ensure fairness and accountability in administrative decision-making.

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Origin of Administrative Principles

These principles have evolved from case law and are being increasingly codified (written into law).

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European Recognition of Principles

Different European legal systems generally recognize and adhere to similar administrative principles.

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Abuse of Discretion

Using discretionary power unfairly or arbitrarily, without proper justification.

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Function of Administrative Principles

They control administrative actions, set limits, and safeguard against the misuse of power by administrative bodies.

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Tax Law Discretion

Typically involves less discretion compared to other areas of law.

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Land-Use Plans

Allow for more discretionary power in decision-making.

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Transparency in Admin. Law

The principle that administrative procedures be open and accessible, allowing public scrutiny of decision-making processes.

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Good Administration

A fundamental principle of EU law requiring fair and efficient decision-making by EU institutions and member states.

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Duty to Give Reasons

A legal requirement for public authorities to explain their decisions, making them accountable and understandable.

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Discretion in Public Authorities

Public authorities have the power to make decisions based on what they deem to be in the public interest, while considering the private interests of those affected.

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Flexibility of Government Policies

Discretion allows for more adaptable government policies that can better respond to specific situations.

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Potential Downside of Discretion

Discretion can lead to inconsistent decisions and potential abuse of power by decision-makers.

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Administrative Law Safeguards

Administrative law principles protect individual rights, ensuring fairness and accountability in government decision-making.

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Examples of Discretionary Power

Areas like land-use planning involve greater discretion, while areas like tax law often have stricter rules.

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Study Notes

Procedural Principles of Administrative Law

  • Administrative tasks and competences have expanded
  • Administrative bodies have greater freedom in their actions, but also more regulation
  • Discretionary power varies by legal field
  • Tax law: limited discretionary power
  • Land-use plans: significant discretionary power

General Principles of Administrative Law

  • Administrative decisions must adhere to explicitly stated conditions and limits in applicable rules
  • Decisions must respect the fundamental rights of affected individuals
  • General principles of administrative law should be considered

Origin of General Principles

  • Initially developed through case law
  • Moving towards formal codification
  • European legal systems generally share similar administrative law principles
  • Administrative discretion is limited by legal frameworks

Discretionary Power

  • Discretion is the freedom of choice granted to decision-makers
  • Discretionary power must be used by the designated decision-maker, not others
  • Administrative bodies must make decisions responsibly, within the public interest, and respecting affected individuals’ private interests

Discretion: Advantages and Disadvantages

  • Advantages:
    • Enables flexible implementation of government policies
  • Disadvantages:
    • Potential for inconsistent decisions
    • Citizens may be vulnerable to administrators
    • Risk of misuse of power

Applying General Principles of Administrative Law

  • Safeguards individual rights and interests against the abuse of public power
  • Protects parties from an overemphasis on general interest during application of public power

General Principles of Administrative Law (Continued)

  • Procedural principles: (this week's topic) – focus on the decision-making process, ensuring individual interests are considered
  • Substantive principles: (next week's topic) – focus on the content/substance of administrative decisions and actions

Procedural Principles: EU Level

  • Good administration is a legal concept in EU
  • Early EU case law recognized and defined elements of good administration (e.g., "proper" administration)
  • Good administration is recognized as a fundamental right in EU law (Article 6(3) TEU)

Good Administration

  • Scope:
    • Under Article 41 CFR: focuses on "single-case decisions" by EU bodies and offices
    • Under Article 6(3) TEU: includes general acts and Member States acting under EU law
  • Content: includes the right to be heard, access to one's file, and reasons for decisions

41 CFR Right to Good Administration

  • This right includes impartiality, fairness, and reasonable time in handling matters by EU institutions
  • Entitles individuals to be heard before adverse measures are taken
  • Entitles individuals to access their files, while respecting confidentiality and professional secrecy
  • Institutions must provide reasons for decisions

Duty of Care Regarding Administration

  • Fundamental principle of administrative action
  • Includes unbiased consideration of relevant legal and factual elements before decision-making
  • Prevents arbitrary decisions and unjustified preferences
  • Fairness is ensured with fair, reasonable, and timely decisions

Hearing and Access to One's File (Art. 41 (1) a, b) CFR)

  • Right to a fair hearing, commonly known as audi alteram partem
  • The right to prepare for a hearing necessitates access to one's file
  • Right to receive information

Reasoning of Decisions (Art. 41 (2)c) CFR)

  • Institutions are obliged to explain the justification for their actions
  • Decisions must be clearly reasoned
  • Provides a means to defend and challenge decisions

Duty to Give Reasons

  • Providing reasons is a crucial procedural step in administrative decision-making (Art. 41(2))
  • Justification for the decision is essential for fairness and allows those affected to defend their position
  • The reasons provided aid appropriate judicial review

Transparency of Information

  • "Sunshine laws" or freedom of information acts are common, providing public access to government information
  • These laws often come with exceptions for certain kinds of information.
  • Transparency of information supports fair and accountable administration, encouraging participatory democracies.

Right of Access to Documents – EU Level

  • General Right: Individuals have a right to access documents of EU institutions (Articles 42 CFR and 15(3) TFEU)
  • Regulatory Framework: Regulation 1049/2001 gives specific provisions on access to documents.

Right of Access to Documents (EU Level, Continued)

  • Scope of Access: EU institutions—including Parliament, Commission, and Council of Ministers—are covered
  • Meaning of "Document": Includes both physical and electronic records related to the institution's actions
  • Beneficiaries: Citizens of the EU and those registered in a member state have access rights
  • Absolute Exceptions: Access to documents is prohibited if their release would undermine issues of public interest, national security, defense, international relations, financial/economic policies, or privacy/personal integrity.
  • Relative Exceptions: Access restrictions are also imposed to protect interests (commercial, legal advice, etc) unless an overriding public interest exists.

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