Podcast
Questions and Answers
What is a key aspect of Good Administration within EU Law?
What is a key aspect of Good Administration within EU Law?
Discretionary power in administrative law typically allows officials to:
Discretionary power in administrative law typically allows officials to:
Which principle is not typically associated with the procedural aspects of administrative law?
Which principle is not typically associated with the procedural aspects of administrative law?
What is considered a fundamental principle of openness in administrative procedures?
What is considered a fundamental principle of openness in administrative procedures?
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The principle of proportionality in administrative law typically seeks to:
The principle of proportionality in administrative law typically seeks to:
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Which of the following is NOT a substantive principle of EU law?
Which of the following is NOT a substantive principle of EU law?
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What is a major disadvantage of discretionary power in administrative law?
What is a major disadvantage of discretionary power in administrative law?
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Good Administration in EU law emphasizes which of the following?
Good Administration in EU law emphasizes which of the following?
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Which principle focuses on the decision-making process in administrative law?
Which principle focuses on the decision-making process in administrative law?
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Which of the following best describes the 'duty to give reasons' in administrative decisions?
Which of the following best describes the 'duty to give reasons' in administrative decisions?
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How does applying the principles of administrative law benefit individuals?
How does applying the principles of administrative law benefit individuals?
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In the context of EU Administrative Law, procedural principles are primarily concerned with:
In the context of EU Administrative Law, procedural principles are primarily concerned with:
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What may be a consequence of an overemphasis on the general interest in decision-making?
What may be a consequence of an overemphasis on the general interest in decision-making?
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What is the role of discretionary power in administrative law?
What is the role of discretionary power in administrative law?
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Which of the following is not a principle that must be respected when the administration takes a decision?
Which of the following is not a principle that must be respected when the administration takes a decision?
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What led to the evolution of general principles of administrative law?
What led to the evolution of general principles of administrative law?
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In which field of law is discretionary power typically less prominent?
In which field of law is discretionary power typically less prominent?
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Which principle emphasizes responsible and reasonable decision-making in the exercise of public power?
Which principle emphasizes responsible and reasonable decision-making in the exercise of public power?
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What does codification in administrative law refer to?
What does codification in administrative law refer to?
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Which of the following best describes the general principles of administrative law?
Which of the following best describes the general principles of administrative law?
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How should discretionary power be exercised according to administrative law principles?
How should discretionary power be exercised according to administrative law principles?
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What aspect differentiates tax law from land-use plans in terms of discretionary power?
What aspect differentiates tax law from land-use plans in terms of discretionary power?
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What do substantive principles impose on the administration?
What do substantive principles impose on the administration?
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Which articles recognize good administration as a fundamental right in EU law?
Which articles recognize good administration as a fundamental right in EU law?
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What is a key defining feature of good administration under Article 41 CFR?
What is a key defining feature of good administration under Article 41 CFR?
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Which of the following is NOT guaranteed under the right to good administration?
Which of the following is NOT guaranteed under the right to good administration?
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What does Article 6(3) TEU refer to in the context of good administration?
What does Article 6(3) TEU refer to in the context of good administration?
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How does the scope of good administration under Article 41 CFR differ from that under Article 6(3) TEU?
How does the scope of good administration under Article 41 CFR differ from that under Article 6(3) TEU?
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Which of the following best describes the obligation of administration related to decision-making?
Which of the following best describes the obligation of administration related to decision-making?
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Which characteristic is fundamental to the notion of good administration in a legal context?
Which characteristic is fundamental to the notion of good administration in a legal context?
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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
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Advantages:
- Enables flexible implementation of government policies
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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
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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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Description
Explore the fundamental principles governing administrative law, including the bounds of discretionary power and the importance of adhering to legal frameworks. This quiz highlights the evolution of these principles, their impact on decision-making, and the protection of individual rights. Test your understanding of how these principles operate within various legal contexts.
