Podcast
Questions and Answers
What is a key requirement when the administration makes a decision?
What is a key requirement when the administration makes a decision?
Why was there an evolution towards general principles of administrative law?
Why was there an evolution towards general principles of administrative law?
In which area of law is there typically less discretionary power for administrators?
In which area of law is there typically less discretionary power for administrators?
What does the term 'discretion' refer to in the context of administrative law?
What does the term 'discretion' refer to in the context of administrative law?
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Which principle governs the responsible exercise of public power?
Which principle governs the responsible exercise of public power?
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What is a primary role of public authorities in exercising discretion?
What is a primary role of public authorities in exercising discretion?
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Which of the following is a disadvantage of discretion in administrative law?
Which of the following is a disadvantage of discretion in administrative law?
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What do procedural principles in administrative law primarily focus on?
What do procedural principles in administrative law primarily focus on?
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How does applying general principles of administrative law protect individuals?
How does applying general principles of administrative law protect individuals?
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What is one potential negative consequence of discretion for citizens?
What is one potential negative consequence of discretion for citizens?
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Which of the following best describes the core feature of the duty of care in administrative processes?
Which of the following best describes the core feature of the duty of care in administrative processes?
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What is the purpose of the right to a fair hearing as outlined in Article 41?
What is the purpose of the right to a fair hearing as outlined in Article 41?
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Why is providing clear reasoning for decisions considered essential in administrative justice?
Why is providing clear reasoning for decisions considered essential in administrative justice?
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From the perspective of decision-makers, providing reasons for their decisions serves what primary purpose?
From the perspective of decision-makers, providing reasons for their decisions serves what primary purpose?
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Which statement best reflects the principles guiding the duty to give reasons for administrative decisions?
Which statement best reflects the principles guiding the duty to give reasons for administrative decisions?
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What is the main distinction between Article 41 CFR and Article 6(3) TEU regarding good administration?
What is the main distinction between Article 41 CFR and Article 6(3) TEU regarding good administration?
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Which of the following is NOT included in the rights established under the CFR regarding good administration?
Which of the following is NOT included in the rights established under the CFR regarding good administration?
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Which principle is recognized as a binding fundamental right under Article 41 of the CFR?
Which principle is recognized as a binding fundamental right under Article 41 of the CFR?
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In which case did the CJEU reference the notion of 'proper' administration?
In which case did the CJEU reference the notion of 'proper' administration?
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What obligation does the administration have regarding decisions that adversely affect individuals?
What obligation does the administration have regarding decisions that adversely affect individuals?
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Study Notes
Procedural Principles of Administrative Law
- Administrative tasks and competences have increased
- Increased regulatory powers but also greater freedom in exercising these powers
- Public power use differs across legal fields
- Tax law has little discretionary power
- Land-use plans allow more discretionary power
- Administrative decision-making is bound by explicit conditions and limits
- Administrative actions must respect fundamental rights and take general administrative law principles into account
- Administrative law principles originated in case law and are moving towards codification
- European legal systems share similar administrative principles
- Discretionary power exists alongside legal limits within the administrative power
- The need to avoid abuse of discretionary power drove the evolution of administrative law principles
- The principles control, limit, and safeguard administrative action from abuse
Discretionary Power
- Discretion is the freedom of choice for decision-makers
- Decision-makers should exercise it responsibly
- Discretion should be exercised by the person authorized and not by anyone else
- Discretion is exercised responsibly and in the public interest with respect for private interests of affected persons
- Discretion means deciding what's in the public interest and respecting private interests
Advantages and Disadvantages of Discretion
- Advantages: Flexibility in implementing government policies
- Disadvantages: Potential for inconsistent decisions putting citizens at the mercy of the administrator and possibility of misuse
Applying General Principles
- Applying general administrative law principles safeguards individual rights and interests against the overemphasis on the general interest when public power is used
General Principles of Administrative Law, this Week
- Procedural principles cover decision-making processes and how individual interests are considered
Procedural Principles: EU Level
- Good administration is a principle under EU law and a binding fundamental right
- Early EU Court cases recognized early forms of "good" or "sound" administrative practice
Good Administration
- Article 41 CFR and 6(3) TEU establish good administration
- The material scope applies to single cases and involves institutions, bodies, offices and agencies within EU law
- Individuals have the right to impartiality, fairness, reasonable time frames and to be heard before actions affecting them.
- Individuals have a right of access to their file and the administration has an obligation to give reasons in decisions
Duty of Care
- The duty of care involves impartiality, careful consideration of facts and law, taking steps before making decisions
- No arbitrary action, unjustified preferential treatment, or conflicts of interest
- Actions should be fair and within reasonable time frames
Hearing and Access
- Individuals have the right to a fair hearing before actions affecting them.
- Preparing for a hearing involves access to one's file
- The right to be informed is vital for the individual
Reasoning of Decisions
- The administration must justify its actions; provide clear reasoning
- This allows affected persons to defend their rights
Duty to Give Reasons
- Providing reasons is a procedural step important for those affected by a decision
- Reasons inform individuals and potentially the public about the substance of a decision
- Providing reasons is essential for fairness and mind concentration
- Reasons provide insight, justification of actions, and help understand why people won or lost cases
- Reasons help understand the evidence behind decisions
Transparency of Information
- Sunshine laws govern information accessibility to the public from government agencies
- Exceptions to the main rule are also covered and transparency is important for fair, accountable administration and democracy
Right of Access to EU Documents
- The right of access applies to EU citizens and individuals, in specific areas of activity, with specific conditions and limits
Absolute Exceptions
- Absolute exceptions to document access cover issues like public security, defence, international relations, financial/monetary and economic policy and individual privacy
Relative Exceptions
- In some instances, commercial interests, court proceedings, legal advice, investigations, and audits are also exceptions to public access to documents until an overriding public interest is demonstrated
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Description
Explore the core principles of administrative law, focusing on the balance between discretionary powers and legal limits. This quiz examines how administrative decision-making respects fundamental rights while also ensuring accountability. Test your knowledge on the evolution of these principles in European legal systems.
