Mapping, Explaining and Constructing the Effectiveness of the Pan-European Principles of Good Administration: Overall Assessment

Stelkens Ulrich;Andrijauskaite Agne;Marique, Yseult
(2020) Good Administration and the Council of Europe – Law, Principles, and Effectiveness — ISBN: [9780191893537], 757-822, published

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  • Stelkens Ulrich
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  • Andrijauskaite Agne
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Abstract
<jats:title>Abstract</jats:title> <jats:p>This chapter is dedicated to transversal analysis of the effectiveness of the pan-European general principles of good administration developed within the framework of the Council of Europe (CoE). First, it gives an overview of the differences and particularities of the national administrative law that come forth when looking at the effectiveness of these principles on the national level. It explains why they have different effects and work in different ways in different legal orders. Second, these different modes of operation of the principles are explained: to be effective on the national level they must be transposed, implemented and enforced. Thirdly, the chapter looks at the normative function of these principles on the level of the CoE. They concretize the ‘founding values’ of the CoE (Article 3 of its Statute) with regard to the administration of its Member States. The chapter finishes with an outlook on further desiderata of research.</jats:p>
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Stelkens Ulrich, Andrijauskaite Agne, & Marique, Y. (2020). Mapping, Explaining and Constructing the Effectiveness of the Pan-European Principles of Good Administration: Overall Assessment. In Stelkens Ulrich, Andrijauskaite Agne (ed.), Good Administration and the Council of Europe – Law, Principles, and Effectiveness (pp. 757-822). Oxford University PressOxford. https://doi.org/10.1093/oso/9780198861539.003.0032