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Towards Administrative Human Rights in the EU. Impact of the Charter of Fundamental Rights

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Abstract:

Abstract: 

This article analyses the development of administrative human rights in the EU. It demonstrates that the new right to good administration enshrined in Article 41 of the Charter of Fundamental Rights crowns a long process of constitutionalisation of basic administrative rights in the Community. The article discusses the meaning, content, and possible impact of Article 41 of the Charter. It explains, inter alia, the doctrinal basis of a ‘right to good administration’, and its more immediate origins. It also offers a textual analysis and commentary of Article 41. Other rights, which possibly come within the concept of ‘good administration’ but are not included in Article 41, are also suggested. The article concludes with an evaluation of Article 41 of the Charter. It argues that although Article 41 is a significant development in terms of individual administrative rights, it offers a one-sided vision of the function of administrative law.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/j.1468-0386.2004.00218.x

Affiliations: Faculty of Law and Administration, University of Warsaw

Publication date: May 1, 2004

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