doc.JUDr.Soňa Skulová, Ph.D. Principles of Good Governance Principles of Good Governance -term, origin -requirements, guidelines for the proper performance of public administration in the modern legal state l -developed and applied in the European administrative area (= systems of public administrations of member countries of the Council of Europe, the EC / EU and the EU itself) l l lgenerally recognized Principles of Good Governance - content l= standards (level, quality) of public administration l l - many established and contained in the law (legally binding) l l - advocated the practice of other documents, procedures and mechanisms (political, ethical, managerial) l l + expected by the community (citizens, businesses, ..) Principles of Good Governance - role – 1. lServe: lo fulfillment of the "right to good administration" -Article 41 of the Charter of Fundamental Rights; Nice 2000; a policy document, but already used in the jurisprudence of the Court of First Instance and the ECJ = becoming legally binding - lo implementation of the constitutional principles of rule of law in terms of public administration (the Constitution, the Charter of Rights and Freedoms) = fundament of the relationships between citizens and public administration Principles of Good Governance - role – 2. lServe: l las a criteria for the activity of the Ombudsman lfor achieving compliance with the requirements of the right to a fair (equitable) administrative proceedings lfor correct interpretation and application of other provisions of the legislation - specific laws, implementing regulations, … Principles of Good Governance - role – 3. lAssist understand and respect judicature, lwhich is based on the principles of: - ECJ, ECHR - Constitutional Court - administrative courts - general courts l lreduce the risk of improper or unlawful ldecisions and practices of public administration. l l l l l Principles of Good Governance - general role: lAffect proper and good functioning of the public ladministration (administrative bodies), l lfulfill their goals and tasks, using appropriate methods land correct forms of activity (and precisely) l lfrom the perspective of public interest and the rights and linterests of citizens. Principles of Good Governance lTherefore serve in general: l l -implementation of requirements (ideas) of justice and rationality (reasonability) / good / public administration, - l -eliminate or reduce risks associated with improper exercise of public administration ( "bad governance" - "mal-administration"). l Principles of Good Governance - risks of breach lPossible side effects: -Administrative review under the Code of Administrative Procedure -Judicial review of administrative decisions, acts, inactivity -Liability for damage -Penalties under the special laws -Labour (staff - disciplinary) penalties l - + Political and social implications (dissatisfaction affect on the results of the elections, petitions, assembly, strikes, negative news in the media, ...) Principles of Good Governance - nature, binding – 1. lMany of the legal nature (and thus legally binding) -define mandatory requirements on the procedures and decisions of a legal nature (= governed by the law, with legal consequences). l lSome of them are the nature of value / "content" / - focusing lon justice, protection of rights, etc. Often they guide the lcontent of the decision (proportionality, predictability, lprotection of public interest, ... ). l l l Principles of Good Governance - nature, binding – 2. lSome - the nature of the procedural / "technical" / - how to ldeal with (solve) procedural issues (timeliness, speed, lprocedural equality, process economics, ...). l l lBut the two categories operate in terms material and process l= question of appropriateness, accuracy of the procedural land substantive issues) or guidance. l lHow to decide, how to proceed. l l Principles of Good Governance - nature, binding – 3. lSome principles: -of the ethics (courtesy, politeness) nature (content, origin) -from the area of efficiency (economy - costs, speed, finding adequate solution) l l lSome of them drawn to the regulation: l l legally binding Principles of Good Governance - means of adjustment – 1. l lExplicitly l lImplicitly (tacit - without directly naming or definition) = lmay be drawn of the express provisions of the Constitution, lthe Charter, international agreements ... -e.g.. the principle of proper justification (reasoning), or "ne bis in idem" Principles of Good Governance - means of adjustment – 2. l= similar to general legal principles, i.e. the basic guidelines, the main ideas (objectives), standards l -Principles of Good Governance – act (operate) in terms of public administration. -Means of adjustment (How they are set up) - does not affect the validity of principles. l Apply both - explicit and implicit principles!!! Principles of Good Governance - effect of principles – 1. -As a general legal principles (principles of administrative law) l -Higher legal force than the "simple" rules (some of them represent the constitutional principles) l -Guideline for the interpretation of the rules (individual provisions must be interpreted in accordance with the principles) Principles of Good Governance - effect of principles – 2. -Principles (as opposed to the rules) are not mutually exclusive, on the contrary apply simultaneously (= the need for balance, finding an appropriate use, including a compromise - an amicable solution). l l -Apply directly only if the law does not provide in a specific rule something else (otherwise "only" affect the interpretation and application of rules). Principles of Good Governance - effect of principles – 3. -apply directly -in the area of administrative discretion (discretionary power) -where the law does not / at all or not all the necessary / specific rules, aspects, solution – –= in public administration quite often –As a guide for the proper solution! Principles of Good Governance - legal binding - enforceability lPrinciples of Good Governance (of the legal nature): -are legally binding (set by the law), l -can be legally claimed (by means of administrative/judicial review), l -can be used for the argumentation (from the point of view of the parties to the proceedings and also administrative bodies). Principles of Good Governance l l= guidelines for legal, reasonable, predictable, non-discriminatory, objective, timely (well-timed), adequate, appropriate, effective, economical, .... GOOD, SUCCESSFUL… solutions and procedures of public administration (administrative bodies).