Week 7A: Administrative Action and the Principles of Good Administration Flashcards
Explain what administrative discretion is
- the ability to apply/ enforce rules with a degr. of leew. (LATITUDE)
TRUE or FALSE: administrative discretion has limits
TRUE: sometimes no discr., little flexibility
-Binding
-some rules set up strict. crit. 4 when dec. pos/ neg. must be made
NB: binding in this context means no discretion
TRUE or FALSE: administrative discretion when applicable, is absolute, cannot be reviewed.
FALSE: can be reviewed
it is struct. and confine.
TRUE or FALSE: administrative decisions are reviewed by other administrative bodies.
FALSE: administrative COURTS do this
List the principles of good adinistration
- prop.
-equal treatment
-efficienc.
-effective.
-transp.
-dilig.
-abs. of abuse of power
List the dimensions of the principles of good aministration
-Efficienc. and qualit. dimension
-Procedural dimension
-Public interest dimenstion
Explain the dimension of efficiency and quality
Explore whether
- the pub. int.
-purs. in a prop + effic. way?
Explain the procedural dimension
-What proc. guarant.
-are in place 4 citizens?
NB: proc. gaurant. = rights which make sure proc. is fair
Explain the public interest dimension
-what pub. int. is relevant 4 the adm. action?
Explain why princ. of good adm. are relevant?
-Found. for STAND. of good adm
-Found. for RIGHTS of good adm.
List standards of administration, as reflected by the EU parliament
5 of ‘em
-Gett. it right
-Being cus. foc.
-Being open and account.
-Act. fairly + proport.
-Putting things right
Explain the standard of getting it right
-Act. in acc with pub. body’s policy + guid
-fact. in what has been establ. as good practice
-Effect. servic. w/ trained + compet. staff(effect.)
-Reas. deci. based on consid (prop.)
-Overall, act. in acc. of the law!!! and mak. the “right” decision!!!
Explain the standard of being cus. focused
- easy access for ppl
-transp. for what ppl can expect + what pub. body exp. of them
-Keep. to its commit. (incl. pub. serv. stand.)
-dealing with ppl helpfull., promp. + sens. ,bearing in mind indiv. circ.
-Responding to cust. needs flexibly
-incl. coord. a response with oth. serv. prov.
Explain the standard of being open and accountable
- Transp. abour being ope. + clear about polic. + proced.
-Ensuring that info. and any adv. provid. is:
-clear
-acc.
-complete
-Taking resp 4 its actions (account.)
Explain the standard of acting fairly and proportion.
-Treating people IMP. w/ resp. + courtesy
-NO unlawful DISC. or PREJ. + no CONFLICT of interests
-Dealing with ppl and issues obj. + consistently
-Ensu. that dec. and actions are prop., approp. and fair
Explain the standard of putting things right
-Acknowledg. mist. + apolog. where approp.
-neut. mistakes right quickl. + effectiv.
- Prov. clear and time. info. on how. and when to appeal or comp.
-effec. complaints proc.
-fair + approp. remedies
TRUE or FALSE:some standards of good administration are rights
TRUE
TRUE or FALSE: rights of good administration are always standards,but not all stand are rights
-TRUE
Explain the standards violated in the Dutch Childcare System Scandal
-Getting it right–> no regard for the fact that debt
-Customer focused–> no consideration for indvidu. circ.
-Propo.- racist + don’t need debt
-Putting things right- ppl not been comp. for being forced to pay back
Explain the rights violated in the Dutch Childcare System Benefits Scandal
-prop
-absen. of discri.
Explain the rights violated in the Earthquakes in Groningne
-Proportionality
- many years passed until the adeq. prov. of damag.
Explain the rights violated in the Benthem case
-Art 6 of the ECHR
-adm. auth. reviewed permit themselves
-Art. 8 European Code: Impart. + independence
Explain the process where citizens can complain about maladm.?
-go 2 ombudsperson
TRUE or FALSE: the ombudsman can make binding decisions on behalf of the plaintiff
FALSE: they can try resolve the confl. through non-legally binding means
-but cannot do anthing binding
-conc. taken seriously cus pub. pressu
-SOFT POWER
Explain the effective requirements for an effective ombudsperson
-maintaining indep.
-maint. neutrality + resp. of ombudsman
-high stand. of democ. (indiv. deci. making)
-media support
-RECOGN. of the ombudsman institution
