Procedural Principles of Administrative Law
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Questions and Answers

What is a key requirement when the administration makes a decision?

  • It can impose any measures without following established general principles.
  • It is confined by explicit conditions and must respect fundamental rights. (correct)
  • It must disregard the fundamental rights of individuals.
  • It can act arbitrarily if doing so benefits public interest.

Why was there an evolution towards general principles of administrative law?

  • To allow administrations to act without any accountability.
  • To prevent abuse of highly discretionary powers. (correct)
  • To increase the discretionary powers of the administration.
  • To establish more concrete legal processes for decision making.

In which area of law is there typically less discretionary power for administrators?

  • Public health regulations
  • Environmental law
  • Tax law (correct)
  • Land-use plans

What does the term 'discretion' refer to in the context of administrative law?

<p>The freedom of choice exercised by a decision maker. (C)</p> Signup and view all the answers

Which principle governs the responsible exercise of public power?

<p>Public power must be exercised responsibly and decisions made reasonably. (B)</p> Signup and view all the answers

What is a primary role of public authorities in exercising discretion?

<p>Determining what is in the public interest (B)</p> Signup and view all the answers

Which of the following is a disadvantage of discretion in administrative law?

<p>It can lead to inconsistent decisions (D)</p> Signup and view all the answers

What do procedural principles in administrative law primarily focus on?

<p>The decision-making process and individual interests (C)</p> Signup and view all the answers

How does applying general principles of administrative law protect individuals?

<p>By preventing abuse of public power and safeguarding individual rights (A)</p> Signup and view all the answers

What is one potential negative consequence of discretion for citizens?

<p>It may expose citizens to potential misuse by administrators (A)</p> Signup and view all the answers

Which of the following best describes the core feature of the duty of care in administrative processes?

<p>The responsibility to establish and review factual and legal elements before making decisions. (A)</p> Signup and view all the answers

What is the purpose of the right to a fair hearing as outlined in Article 41?

<p>To ensure all relevant parties have access to and can contest the decision-making process. (C)</p> Signup and view all the answers

Why is providing clear reasoning for decisions considered essential in administrative justice?

<p>It allows affected individuals to understand the rationale behind decisions. (C)</p> Signup and view all the answers

From the perspective of decision-makers, providing reasons for their decisions serves what primary purpose?

<p>To ensure careful consideration and justification of the basis for their decisions. (C)</p> Signup and view all the answers

Which statement best reflects the principles guiding the duty to give reasons for administrative decisions?

<p>Transparency in reasoning fosters public trust and understanding of the decision process. (D)</p> Signup and view all the answers

What is the main distinction between Article 41 CFR and Article 6(3) TEU regarding good administration?

<p>Article 6(3) TEU covers both single case decision-making and general acts, while Article 41 CFR is limited to individual cases. (B)</p> Signup and view all the answers

Which of the following is NOT included in the rights established under the CFR regarding good administration?

<p>The right to obtain legal representation during administrative proceedings. (D)</p> Signup and view all the answers

Which principle is recognized as a binding fundamental right under Article 41 of the CFR?

<p>The right to fair and impartial handling of affairs. (B)</p> Signup and view all the answers

In which case did the CJEU reference the notion of 'proper' administration?

<p>Case C-255/90 P (D)</p> Signup and view all the answers

What obligation does the administration have regarding decisions that adversely affect individuals?

<p>To provide a detailed justification for the decision. (C)</p> Signup and view all the answers

Flashcards

Administrative Law General Principles

Rules that limit how an administrative body (like a government agency) exercises its power. These rules ensure fairness and prevent abuse of power.

Discretionary Power

The freedom a decision-maker has to choose how to act within agreed-upon rules. It's not absolute, as it's still bound by limitations and principles.

Limits on Discretionary Power

General principles of administrative law that control the administrative body when they exercise their freedom of choice/discretion.

Fundamental Rights

Basic legal rights of people that the administration must respect when making decisions.

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Codification of Administrative Law

Creating a set of specific laws for administrative law, rather than relying only on previous court rulings.

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Public Interest

The overall benefit or well-being of the community or society. It's what's good for the majority.

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Private Interests

The rights, needs, and well-being of individual people who are affected by a government decision.

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Abuse of Public Power

When a government agency uses its authority unfairly or for personal gain, ignoring the rules.

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General Interest vs. Individual Rights

The balance between what's good for society as a whole (general interest) and the rights of individuals.

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Duty of Care

The obligation of the administration to act impartially, fairly, and within a reasonable timeframe, carefully considering all facts and laws before making a decision.

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Right to a Fair Hearing

The right to be heard before an individual decision is made, ensuring that both sides are considered (audi alteram partem).

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Access to One’s File

The right to review the information used to make a decision about you, allowing you to prepare for a hearing.

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Reasoning of Decisions

The requirement for clear explanations about the reasoning behind a decision, allowing individuals to understand why a decision was made.

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Why Give Reasons?

Providing reasons for a decision helps affected individuals, ensures that the decision-maker considered all factors, and improves the soundness of the decision.

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Good Administration (EU Law)

A principle of EU law that requires public authorities to act fairly, impartially, and within a reasonable time when making decisions. It ensures transparency and protects individual rights.

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Article 6(3) TEU

This article of the Treaty on European Union recognizes 'good administration' as a general principle of EU law, applying to EU institutions, bodies, offices, and agencies.

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Article 41 CFR

This article of the Charter of Fundamental Rights of the European Union codifies 'good administration' as a fundamental right, ensuring individuals are treated fairly by EU bodies. It also addresses specific rights related to good administration like the right to be heard and access to files.

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Scope of Article 41 CFR

Article 41 CFR applies to decisions that directly affect individuals (e.g., a specific application or a decision impacting a person). It covers EU bodies, institutions, offices, and agencies.

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Scope of Article 6(3) TEU

This article applies to both single case decisions and general acts (laws or regulations). It applies to EU institutions, bodies, offices, and agencies as well as Member States when they act within the scope of EU law.

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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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Administrative Law - Lecture Week 11 PDF

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.

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