Prawo do dobrej administracji/en

RIGHT TO GOOD ADMINISTRATION – a set of specific rights under which the competent administrative body is assigned specific obligations and, accordingly, an individual may expect appropriate behaviour of the body under given circumstances, within the notion of a good administration. Introduced by the Charter of Fundamental Rights of the EU, this right is classified as the so-called third generation of human rights. The concept of the r.t.g.a. is substantially linked with the concept of → good governance. As a regulatory standard written in the CFR with regard to the EU legal area, it means that the fundamental right of an EU citizen is to demand from the authorities and institutions of the Union impartial, lawful consideration of the brought case without undue delay. This law is accompanied by the duty of the EU authorities and institutions, as well as all the officers employed there, of the proper resolution of the case in accordance with the citizen’s right. If, as a result of the actions of the EU administration, the claimant has suffered damages, he is entitled to a claim for compensation. The r.t.g.a. has been detailed in The European Code of the Good Administrative Behaviour; European Parliament Resolution of 2001 (in Poland also known as Europejski Kodeks Dobrej Administracji, EKDA). The code belongs to the so-called soft law: it contains rules governing the behaviour of an administrative official such as the rule of law, non-discrimination, proportionality, prohibition of abuse of rights, impartiality and independence, objectivity, fairness, courtesy, reasonable time of decision and the obligation to justify the decision. The European Parliament recommends the implementation of the concept of “good administration” in the practice of the member states. In Poland, the Code was issued for the first time in 2002 by the Commissioner for Citizens’ Rights with a comprehensive commentary and the Commissioner pointed out that there were no reasons for not declaring the standards contained therein to be useful both for the designation of the duties of the Polish administration and for the interpretation of Polish legislation, in both the substantive law and the law of administrative proceedings. Both the European Court of Justice and the Polish Administrative Courts refer to the right to good administration in the case law [ I. Malinowska ].

Literatura: Europejski Kodeks Dobrej Administracji (wprowadzenie, tekst i komentarz o zastosowaniu kodeksu w warunkach polskich procedur administracyjnych), oprac. J. Świątkiewicz, Warszawa 2007 ■ Europejski Kodeks Dobrej Praktyki Administracyjnej, Europejski Rzecznik Praw Obywatelskich 2015, [online] https:// www.ombudsman.europa.eu/pl/resources/code.faces#/page/1 [dostęp: wrzesień 2017] ■ Prawo do dobrej administracji, Biuletyn RPO – Materiały, z. 60, Warszawa 2008.