Right to good administration under EU Charter
Right to Good Administration under the EU Charter
Legal Basis
The Right to Good Administration is enshrined in Article 41 of the Charter of Fundamental Rights of the European Union (CFREU). It guarantees every person the right to have their affairs handled impartially, fairly, and within a reasonable time by the institutions, bodies, offices, and agencies of the EU.
The main elements of this right are:
Right to be heard before any individual measure is taken.
Right to access one's file (except where protection of privacy or integrity of decision-making requires otherwise).
Obligation of the administration to give reasons for its decisions.
Right to have a decision reviewed by a higher authority.
Principle of impartiality and fairness.
Reasonable time for administrative procedures.
This right is part of the broader principle of good administration, which aims to ensure transparency, fairness, and accountability in EU administrative actions.
Important Case Law on the Right to Good Administration
1. Case C-274/99 P, Tetra Laval BV v. Commission (2002)
Facts: Tetra Laval challenged a Commission decision that approved a merger subject to conditions.
Key Issue: Whether the Commission’s decision violated the right to good administration by not giving Tetra Laval proper access to the file or the opportunity to be heard.
Ruling: The Court emphasized that the right to be heard is a fundamental procedural right, and the institution must ensure that the person concerned is given a genuine opportunity to make their views known before the decision is adopted.
Significance: This case reinforced the principle that individuals must be given an effective opportunity to defend their interests, with full access to relevant evidence.
2. Case C-322/88, Grimaldi v. Fonds des Maladies Professionnelles (1989)
Facts: Grimaldi complained about the administration’s refusal to provide access to documents.
Key Issue: Whether refusal to provide access to documents violated the right of good administration.
Ruling: The Court ruled that the right of access to files is part of the right to good administration and is essential for transparency and fairness.
Significance: Established the right of individuals to access documents in administrative procedures, subject to exceptions, as a fundamental right under EU law.
3. Case T-193/04, Kadi v. Commission (2005)
Facts: Mr. Kadi challenged the EU regulation implementing UN sanctions against him.
Key Issue: Whether the right to be heard and the right to an effective defense were respected in the procedure that led to his inclusion on the sanctions list.
Ruling: The General Court held that EU institutions must respect the right to good administration, including the right to be heard and to have reasons given, even when implementing UN Security Council resolutions.
Significance: Confirmed that fundamental rights, including good administration, apply in EU actions implementing international obligations, protecting individuals against unfair treatment.
4. Case C-265/95, Commission v. Spain (1997)
Facts: The Commission brought infringement proceedings against Spain for failing to comply with EU law.
Key Issue: Whether Spain was given proper reasons and had a fair hearing in the infringement procedure.
Ruling: The Court emphasized the duty of the Commission to provide clear, reasoned decisions and allow the Member State to defend itself.
Significance: Reiterated that the right to good administration applies not only to individuals but also to Member States in administrative procedures before the EU institutions.
5. Case C-415/11 P, T et al. v. Commission (2014)
Facts: Applicants challenged a Commission decision concerning state aid.
Key Issue: Whether the Commission fulfilled its duty to state reasons and ensure fair treatment.
Ruling: The Court stressed the importance of clear and sufficient reasoning, so the person concerned can understand the basis of the decision and effectively defend their interests.
Significance: Highlighted the obligation of the administration to give detailed reasons for decisions affecting individual rights.
6. Case C-211/01, Tanja Kreil v. Bundesrepublik Deutschland (2003)
Facts: A challenge to restrictive military recruitment policies.
Key Issue: Whether the procedure leading to refusal of access to military service was fair.
Ruling: Although primarily a discrimination case, the Court referred to the right to good administration principles in ensuring fairness in administrative decisions.
Significance: The principles of good administration permeate all EU law areas, ensuring fairness and transparency.
Summary
The right to good administration under Article 41 of the Charter is fundamental to ensuring transparency, fairness, and accountability in EU administration. It encompasses procedural rights such as:
The right to be heard,
The right of access to files,
The duty to give reasons,
The right to a review,
The right to decisions within a reasonable time.
The CJEU's case law firmly establishes that these rights are binding on EU institutions and bodies, safeguarding individuals and Member States alike from arbitrary or unfair administrative actions.
RELATED Blog
0 comments