Responsibility for implementing the technical dimension of good administration requirements

Coșpănaru, Iuliana

Academic Journal of Law and Governance, 2018, vol. 6, issue 1, 40-60

Abstract: The primary purpose of public institutions is to meet the social function they were created for, namely to fulfil the mission established by law in their jurisdiction. To be able to comply with this mission it is necessary for an institution to abide by its tasks related with its duties in complying with the legal norms, the internal rules and policies, and not least complying with the standards generally accepted by the society and observing the common values of its members. In this context, complying with the requirements of the good administration standard is prefigured as a necessary condition to meet the social function of the public institution. The concept of good administration may have, both in the literature and in practice, different meanings. Thus, good governance is represented on one hand as a horizontal principle of administrative law. On the other hand, it is seen as a third generation right, according to the European Union law - an aggregate right incorporating in its content a series of other rights, but which is not accepted as a subjective right susceptible to protection through direct action in court. Last but not the least, it is considered a standard - a set of values that the society recognizes and demands public institutions to observe it. In this context, the main goal of the current paper is to study the implementation of the good administration requirements from the perspective of the persons called by law or by the internal acts of a public institution to perform a related duty, in other words the ones who are bound by a positive obligation of to do.

Date: 2018
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