Sources, status and effect of principles of administrative procedure in EC law

Abstract

The protection by law, of a person whose rights have been infringed, has been the hallmark in any legal system which purports to be regulated by the rule of law. The same is true with regard to the European Community. This thesis sets out to describe, analyse and comment on the sources, nature and effects of principles of good administration. Through the Treaties, secondary legislation or case law the Community has developed principles of good administration, which impose limits on the discretion exercised by the Commission in administrative proceedings. Most references will be to the case law of the Community Courts, who made a decisive contribution towards the development of essential principles of an administrative procedure, subject to the rule of law. The contribution of the European Ombudsman will also be highlighted, who although does not deliver binding opinions, his contributions have been readily taken up by the institutions of the Union. The examination of the application of these principles will be limited to instances where they are expected to be applied by the Commission, usually through direct or indirect implementation of its policies. This will have to include both the rights of defence of the person affected as well as that of third parties. For the purpose of this thesis three µrinciples, applied during administrative proceedings, will be analysed in detail; the principle of audi alteram partem, access to information, duty to be given reasons. The latter has been analysed in the light the emerging duty of care. It has been found expedient to deal with each principle separately adopting a one by one approach keeping in mind that each individual action is an integral part of a bigger whole. The systematic description of each principle will include possible effects on the administration of different domains of Community policy. Any possible effect on the Member States procedural autonomy will also be looked into. This thesis will necessarily take into account the balance which EC administrative law tries to achieve between administrative efficiency and effective protection of the rights of defence of the individual. It will also consider the relevance of these principles to notions such as transparency, openness and subsidiarity.