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The administration and you - A handbook (3rd edition) (2024)
Principles of administrative law concerning relations between individuals and public authorities
The public administration is above all for us, the protection of our rights and the pursuit of the public good.
This handbook will be of interest to all those concerned with the proper functioning of public administration: individuals who apply for public services and action and the public officials who process their applications; lawyers, judges and ombudspersons involved in the review of the public administration’s activities; and policy makers and legislators concerned with public administration reform. It also takes into account the increasing use of artificial intelligence systems and automated decision making by administrative authorities in their dealings with individuals.
It sets out and explains the substantive and procedural principles of administrative law concerning relations between individuals and public authorities, with commentary backed up by references to the Council of Europe legal instruments (conventions, recommendations and resolutions) from which each principle is drawn and to the relevant case law of the European Court of Human Rights.
The public administration is above all for us, the protection of our rights and the pursuit of the public good.
This handbook will be of interest to all those concerned with the proper functioning of public administration: individuals who apply for public services and action and the public officials who process their applications; lawyers, judges and ombudspersons involved in the review of the public administration’s activities; and policy makers and legislators concerned with public administration reform. It also takes into account the increasing use of artificial intelligence systems and automated decision making by administrative authorities in their dealings with individuals.
It sets out and explains the substantive and procedural principles of administrative law concerning relations between individuals and public authorities, with commentary backed up by references to the Council of Europe legal instruments (conventions, recommendations and resolutions) from which each principle is drawn and to the relevant case law of the European Court of Human Rights.
INTRODUCTION
Sources
Terminology and key concepts
Public authorities and the rule of law
Public sector reform
Delivery of public services through algorithmic decision-making systems
European Convention on Human Rights
CHAPTER I – SUBSTANTIVE PRINCIPLES
Principle 1 – Lawfulness and conformity with statutory purpose
Principle 2 – Equality of treatment
Principle 3 – Objectivity and impartiality
Principle 4 – Proportionality
Principle 5 – Legal certainty
Principle 6 – Transparency
Principle 7 – Privacy and the protection of personal data
CHAPTER II – PROCEDURAL PRINCIPLES
Principle 8 – Access
Principle 9 – Participation
Principle 10 – Right to be heard
Principle 11 – Representation and assistance
Principle 12 – Time limits
Principle 13 – Form and notification of administrative decisions
Principle 14 – Execution of administrative decisions
Principle 15 – Administrative sanctions
CHAPTER III – LIABILITY OF PUBLIC AUTHORITIES, COMPENSATION AND OTHER REMEDIES
Principle 16 – Liability and redress
CHAPTER IV – REVIEWS AND APPEALS
Principle 17 – Internal review
Principle 18 – Non-judicial review
Principle 19 – Right to appeal
Principle 20 – Interim or provisional protection
Principle 21 – Execution of court decisions
APPENDIX I – COUNCIL OF EUROPE LEGAL INSTRUMENTS IN RELATION TO THE PRINCIPLES SET OUT IN THE HANDBOOK
Conventions
Committee of Ministers recommendations and resolutions
APPENDIX II – CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS IN RELATION TO THE PRINCIPLES SET OUT IN THE HANDBOOK
Listed alphabetically
Listed by principle
Principles of administrative law concerning relations between individuals and public authorities
The public administration is above all for us, the protection of our rights and the pursuit of the public good.
This handbook will be of interest to all those concerned with the proper functioning of public administration: individuals who apply for public services and action and the public officials who process their applications; lawyers, judges and ombudspersons involved in the review of the public administration’s activities; and policy makers and legislators concerned with public administration reform. It also takes into account the increasing use of artificial intelligence systems and automated decision making by administrative authorities in their dealings with individuals.
It sets out and explains the substantive and procedural principles of administrative law concerning relations between individuals and public authorities, with commentary backed up by references to the Council of Europe legal instruments (conventions, recommendations and resolutions) from which each principle is drawn and to the relevant case law of the European Court of Human Rights.
The public administration is above all for us, the protection of our rights and the pursuit of the public good.
This handbook will be of interest to all those concerned with the proper functioning of public administration: individuals who apply for public services and action and the public officials who process their applications; lawyers, judges and ombudspersons involved in the review of the public administration’s activities; and policy makers and legislators concerned with public administration reform. It also takes into account the increasing use of artificial intelligence systems and automated decision making by administrative authorities in their dealings with individuals.
It sets out and explains the substantive and procedural principles of administrative law concerning relations between individuals and public authorities, with commentary backed up by references to the Council of Europe legal instruments (conventions, recommendations and resolutions) from which each principle is drawn and to the relevant case law of the European Court of Human Rights.