The European Ombudsman And Good Administration In The European Union
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The European Ombudsman and Good Administration in the European Union by Nikos Vogiatzis Pdf
This book explores the work of the European Ombudsman and her or his contribution to holding the EU institutions, bodies, offices and agencies to account, through examination of complaints on maladministration, own-initiative inquiries and other proactive efforts. It considers the Ombudsman’s current institutional and constitutional position and her or his ‘method’ of dealing with complaints, and unravels the depth of subject matters that fall under the Ombudsman’s remit. A separate chapter focuses on transparency and access to documents. The last part of the book critically reflects upon the present mandate and practice of the Ombudsman, and discusses a number of possible proposals for improvement. This work has interdisciplinary appeal and will engage scholars in law, political science and public administration, as well as EU and national policy-makers.
The European Code of Good Administrative Behaviour by European Ombudsman Pdf
Since its approval by the European Parliament in 2001, The European Code of Good Administrative Behaviour has become a vital instrument for putting the principle of good administration into practice. It helps individual citizens to understand and obtain their rights, and promotes the public interest in an open, efficient, and independent European administration. The Code helps citizens to know what administrative standards they are entitled to expect from the EU institutions. It also serves as a useful guide for civil servants in their relations with the public. By making the principle of good administration more concrete, the Code helps to encourage the highest standards of administration.
Accountability in the EU by Herwig C.H. Hofmann,Jacques Ziller Pdf
In the first interdisciplinary work focused on the European Ombudsman, expert observers of EU institutional affairs provide a thorough evaluation of the Ombudsman and its constitutional role, powers, activities and future potential. The book addresses the Ombudsman’s impact on accountability in the EU’s executive branch and offers new suggestions for the further development of the practice of ‘ombuds review’.
Centralised Enforcement, Legitimacy and Good Governance in the EU by Melanie Smith Pdf
Article 226 EC is the central mechanism of enforcement in the EC Treaty, and has remained unchanged since the original Treaty of Rome. It provides the European Commission, as guardian of the Treaty, with a broad power of policing Member States’ conduct. Article 226 has been traditionally characterised as an arena of secretive negotiation focused on the sole function of effective enforcement. This study seeks to move beyond this approach by characterising Article 226 as a multi-functional mechanism within the Treaty. It does this by examining the central mechanism of enforcement through the normative lenses of legitimacy, good administration and good governance. Centralised Enforcement, Legitimacy and Good Governance in the EU is interdisciplinary in nature, examining law in its political context. It focuses on how the institutions interact and react to competing policy pressures, and explores the tensions that lie at the heart of legitimacy in the actions of public actors by engaging with concepts such as democracy, legitimacy and good administration. Scholars and policy-makers whose work explores Article 226 will find this work especially relevant. It will also appeal to those who are interested in enforcement and regulation in the international/EU arena, as well as those whose work considers concepts such as good governance, legitimacy, and accountability in the EU. It is also relevant to scholars engaged in the study of institutions and processes of interaction and change.
The European Code of Good Administrative Behaviour by European Ombudsman Pdf
"Since its approval by the European Parliament in 2001, The European Code of Good Administrative Behaviour has become a vital instrument for putting the principle of good administration into practice. It helps citizens to know what administrative standards they are entitled to expect from the EU institutions. It also serves as a useful guide for civil servants in their relations with the public. By making the principle of good administration more concrete, the Code helps to encourage the highest standards of administration. At the same time as approving the Code, the European Parliament also adopted a resolution calling on the European Ombudsman to apply the Code when examining whether maladministration has occurred. Accordingly, the Ombudsman makes appropriate references to the Code during his inquiries, as well as in his proactive work to promote good administration."--Page 4.
Research Handbook on EU Administrative Law by Carol Harlow,Päivi Leino,Giacinto della Cananea Pdf
Key chapters, written by leading experts across the field, engage with important ongoing debates in the field of EU administrative law, focusing on areas of topical interest such as financial markets, the growing security state and problematic common asylum procedures. In doing so, they provide a summary of what we know, don’t know and ought to know about EU administrative law. Examining the control functions of administrative law and the machinery for accountability, this Research Handbook eloquently challenges areas of authoritarian governance, such as the Eurozone and security state, where control and accountability are weak and tackles the seemingly insoluble question of citizen ‘voice’ and access to policy-making.
The Right to Good Administration by Jill Wakefield Pdf
Among the rights conferred on the citizens of Europe by the Charter of Fundamental Rights and Freedoms is the right to and‘good administration.and’ 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 embracedand—such as the notion of citizen as consumer with marketplace choice, and the notion of and‘consultation, and’ a form of participatory democracy which privileges those individuals and communities who have the political sophistication to organise themselves and further marginalise large sectors of unorganised societyand—she finds a virtual denial of the democratic concept of citizen as sovereign, the and‘creatorand’ of state power who can dictate the exact limits to be placed on personal autonomy. The extraordinary clarity and conviction of the authorand’s approach is apparent in the details of her presentation, which include analysis of the following factors among others: and• the enforceable content of the right, including the role of the European Ombudsman; and• the relationship between good governance and good administration; and• the duties of the Commission as administrator; and• the uncertain reach of the concept of maladministration; and• damages in compensation actions as remedy for breach of good administration; and• pre-Charter principles of good administration as agreed in the Council of Europe and developed by the Courts; and 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.
Good Governance and the European Union by Deirdre Curtin,Ramses A. Wessel Pdf
This book approaches the notion of good governance from three different angles. First it establishes whether it is a meaningful notion at all by taking a closer look at the parameters of good governance. Secondly, the authors look at the institutional translation of the criteria of good governance. In a third dimension, the concept may be analysed in relation to a number of substantive issues.
Herwig C. H. Hofmann,Gerard C. Rowe,Alexander H. Türk
Author : Herwig C. H. Hofmann,Gerard C. Rowe,Alexander H. Türk Publisher : Oxford University Press Page : 719 pages File Size : 41,7 Mb Release : 2018-11-30 Category : Law ISBN : 9780191091285
Specialized Administrative Law of the European Union by Herwig C. H. Hofmann,Gerard C. Rowe,Alexander H. Türk Pdf
This volume deals with the law governing the administrative implementation of European Union public policy. Much of this law is specific to individual policy sectors. The volume provides a study of such specialized admininstrative law for more than twenty sectors. This cross-sectoral approach allows for detailed comparisons of EU administration in diverse policy fields. It identifies situations where legal structures and approaches may be unnecessarily duplicated, thus indicating where a comprehensive, general system could be advantageous for both Union law and policy achievement. The comparative nature of the study also draws attention to policy fields which have proven to be testing grounds for approaches adopted subsequently in other areas. In addition, the work highlights the distinctive, highly networked, and strongly cooperative character of EU administration, as a reflection of, and a foundation for, the operative nature of the European Union as a whole.
Ombudsman as a Global Institution by Tero Erkkilä Pdf
This book explores the ombudsman as a global institution. It has spread all over the world and its institutional development is increasingly being governed transnationally. Initially an institution of administrative law, the ombudsman has become a human rights institution and institution of good governance. These ideational shifts have influenced the global diffusion of the ombudsman but also the way in which this institution of accountability functions. The ombudsman is a peculiar institution of public accountability - both an institution and individual - that observes changes in the general political climate and engages in renegotiations of its intra-institutional position. The global models associated with the ombudsman are a source of organizational ideas, legitimacy, and sense of orientation, but they treat institutional actors differently, working also as mechanisms of inclusion and exclusion. The book tracks the global diffusion and institutional evolution of the ombudsman. Its chapters on institutional cases further explore the joint institutional history of the Parliamentary Ombudsman and the Chancellor of Justice in Finland, and the European Ombudsman.
What Can the European Ombudsman Do for You? by European Ombudsman Pdf
The European Ombudsman was established in 1995 to investigate complaints about maladministration by the institutions and bodies of the European Community. This guide gives an overview of the Ombudsman's work and explains the service the Ombudsman can provide for European citizens.
Whether you are a big multinational or an SME, and wherever in the EU you are based, you can complain to the European Ombudsman about poor or failed administration at the EU level. If you encounter problems in the framework of an EU-funded project or programme, if you are dissatisfied following contacts with the EU institutions in the context of tenders and contracts, consultation procedures, lobbying activities, or attempts to get access to important documents or information, the European Ombudsman can help.
