The common rule of law and democratic standards of "good administration"

as the basis and legitimation of the European Administrative Space
Research field 5

Particular developments and systemic problems in various member states have sparked an academic discussion on "the European rule of law" and joint democratic standards, which is being conducted in particular regarding the interpretation of Art. 2 and 7 TEU. These articles list the requirements that a state has to meet for EU accession. If these requirements are no longer met once a state has become a EU member, the principle of "mutual trust" can be breached. As a rule, the mirror-image discussion on the contents of the basic values included in Art. 3 of the statutes of the Council of Europe and their specification by the executive bodies and institutions of the Council of Europe, but also of the European Court of Human Rights, is taken up in this regard.

Despite various theoretical approaches for determining a European concept of a state based on the rule of law, the executive bodies and institutions both of the EU as well as of the Council of Europe pursue rather pragmatic approaches, which conceive the nature of the European rule of law above all as the sum of individual elements. In this regard, a large degree of consensus exists on the necessity of preventing arbitrary state action. For example, in its communication (COM[2014]158) of 11 March 2014 on a "new EU framework to strengthen the rule of law", the EU Commission mentioned legality (implying a transparent, accountable, democratic and pluralistic process for enacting laws), legal certainty, prohibition of arbitrariness, independent and impartial courts, effective judicial review, respect for fundamental rights and equality before the law and in this respect referred to a corresponding "check-list" of the Venice Commission in its report on the rule of law (CDL-AD(2011)003rev) of 4 April 2011. However, such broad requirements refer more to the state structure overall. They do not formulate any specific expectations regarding the organisation and action of an administration based on the rule of law in a democracy. Consequently, they do not mention any specific administrative and administrative law-related elements that could serve as a joint European standard and as a result for joint European principles of "good administration". To this extent, the research desideratum is developing a "European Administrative Law Toolbox" whose individual elements can be regarded as possessing "joint European consent" and as necessary or at least helpful instruments in guaranteeing the protection of the rights of the individual against and by the administration, transparency and the democratic legitimation of the administration and its actions.

In this regard, the research field "joint rule of law and democratic standards, good administration as the legitimation of the European Administrative Space" links a project financed by the DFG on "Formulation of pan-European legal principles of good administration by the Council of Europe and their significance in the administrative law of its member states" (project management: Prof. Dr. Ulrich Stelkens)" with the work of the programme area members in the context of the ReNEUAL working group 2.1: “Common European Principles of Administrative Law and Good Administration” and the other relevant works on the European standard of "good administration" of the programme area.

Externally-funded projects integrated in the research of the research field: 

Stelkens Ulrich: Die Herausbildung paneuropäischer Rechtsgrundsätze guter Verwaltung durch den Europarat und ihre Bedeutung im Verwaltungsrecht seiner Mitgliedstaaten (The formulation of pan-Europan legal principles of good administration by the Council of Europe and their importance in the administrative law of its member states) (DFG project number 274964159 [https://gepris.dfg.de/gepris/projekt/274964159])

Networking of the research of the research field with ReNEUAL 2.0

Stelkens, Ulrich (together with della Cananea, Giacinto)ReNEUAL working group 2.1: “Common European Principles of Administrative Law and Good Administration”

Publications

Andrijauskaitė, Agnė, Meduolis ar botagas? Geras administravimas kitaip [Sticks or Carrots: Good Administration with a Twist], Lietuvos vyriausiojo administracinio teismo biuletenis 2018, ISSN 1822‐8224, S. 401 – 415
   
Andrijauskaitė, Agnė, Creating Good Administration by Persuasion: A Case Study of the Recommendations of the Committee of Ministers of the Council of Europe, in: International Public Administration Review 2017, Issue 3/4, 2017, S. 39 – 58

Marique, Yseult, Quarante ans d’évolution des relations entre les citoyens et l’administration au Royaume-Uni’, Annuaire européen d’administration publique 2018, S. 313 – 347

Stelkens, Ulrich/Andrijauskaitė, Agnė, Added Value of the Council of Europe to Administrative Law, FÖV Discussion Papers Nr. 86 (Speyer, 2017)

Stelkens, Ulrich/Andrijauskaitė, Agnė, Europos Tarybos kuriama pridėtinė vertė administra-cinei teisei: bendrų europinių gero administravimo nuostatų vystymas ir jų reikšmė Europos Tarybos valstybių narių nacionalinei teisei, Teisė, vol. 104, 2017, S. 52 – 74

Events (selection)

ReNEUAL 10th anniversary conference - ReNEUAL 2.0 - Presenting and Discussing new ReNEUAL projects (am 6./7. June 2019 in Freiburg)

Stelkens, Ulrich/Andrijauskaitė, Agnė: Workshop 2 of the project "The formulation of pan-Europan legal principles of good administration by the European Council and their importance in the administrative law of its member states" of 26 - 28 April 2018 in Speyer

Stelkens, Ulrich/Andrijauskaitė, Agnė: Workshop 1 of the project "The formulation of pan-Europan legal principles of good administration by the European Council and their importance in the administrative law of its member states" of 27 - 29 April 2017 in Speyer

Contact us

Prof. Dr. Dr. h.c. Karl-Peter Sommermann

Website

Prof. Dr. Ulrich Stelkens

Website

Prof. Dr. Cristina Fraenkel-Haeberle

Website

Dr. Yseult Marique

Website