The development of a pan-European general principle of good administration by the Council of Europe and its impact on the administrative law of its member states
‘The development of pan-European general principles of good administration by the Council of Europe and their impact on the administrative law of its Member States' is an ongoing project that is financed by the German Research Foundation (Deutsche Forschungsgemeinschaft).
The purpose of this project is to fill the gap in existing research on pan-European general principles of good administration within the framework of the Council of Europe (CoE) by exploring how this principle manifests itself in the legal systems of its Member States. More specifically, it aims to find out to what extent (if at all) and by which means the work of the CoE in administrative matters, which started since the 1970's, has had an impact on shaping the administrative laws and practice in certain Member States of the CoE.
The project, therefore, benefits from the participation of the experts from more than 30 Member States of the CoE, who bring their ‘insider knowledge' by researching the impact of the law stemming from the CoE on their respective legal systems and writing country reports thereof. Experts from the following Member States have been invited and accepted to participate: Albania, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and the United Kingdom.
As of today, the ‘Speyer Team' has organized two workshops for the project members in 2017 and 2018 in which a fruitful exchange on the working methods and initial findings of the research took place among the experts. Furthermore, the first two chapters of the upcoming monography have been written and the majority of the country reports have been received and finalized by now. The tentative results of the project are available in the open access FÖV Discussion Paper No. 86 (2017), in the article published in the Vilnius University journal „Teisė" (2017), in the spin-off article called "Creating Good Administration by Persuasion: A Case Study of the Recommendations of the Committee of Ministers of the Council of Europe" (2017) published in the "International Public Administration Review" journal and in the article called "Good Governance in the Case Law of the ECtHR: A (Patch)Work in Progress" (2019) whose pre-print is available on ResearchGate.
In the future, besides the collective monography, a blueprint on general administrative law in Europe on the previous research on the CoE's role in shaping pan-European general principles of good administration can be contemplated. Such blueprint could serve as a framework for comparing different national legislation and case law in administrative matters in Europe. Furthermore, it could be used as teaching material, especially for the European countries which are too young (in democratic terms) to have an exhaustive ‘list of solutions' allowing them to make the modern administration come true.