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The scope of application of the charter's right to good administration of the European Union
[journal article]
Abstract Article 41 of the Charter for Fundamental Rights of the EU guarantees the right to good administration as a fundamental right of the EU citizens. It seems from the wording that Article 41 applies only to the institutions, bodies and agencies of the Union, without mentioning the Member States. This g... view more
Article 41 of the Charter for Fundamental Rights of the EU guarantees the right to good administration as a fundamental right of the EU citizens. It seems from the wording that Article 41 applies only to the institutions, bodies and agencies of the Union, without mentioning the Member States. This gives it a narrower scope than that given in Article 51.1 concerning the scope of the Charter as a whole. This paper discusses the question of applicability of the right to good administration regarding the implications of Article 41 in this respect. The doubt that stems from this is whether the content of 51.1 prevails or, on the contrary, it must be ignored and taken as reference the particular provision in Article 41.... view less
Keywords
EU; charter; fundamental right; administrative practice; administrative procedure
Classification
Law
Free Keywords
good administration; Article 41; Charter of Fundamental Rights; fundamental rights
Document language
English
Publication Year
2018
Journal
Journal of Liberty and International Affairs, 3 (2018) 3
ISSN
1857-9760
Status
Published Version; peer reviewed