Application stage of the good administration exigencies at national level

• Author: Gina Livioara Goga - Vasilica Negrut - Gabriel Gurita
• Position: Lecturer Ph.D. at 'Danubius' University of Galati, Romania, Faculty of Law - Professor Ph.D. at 'Danubius' University of Galati, Romania, Faculty of Law - Lawyer - Galati Bar, Romania
• Pages: 13-15

APPLICATION STAGE OF THE GOOD ADMINISTRATION EXIGENCIES AT NATION AL LEVEL

Goga Gina Livioara

Vasilica Negrut

Gabriel Gurita

Abstract

The adoption of a Good Administration Code comprising th e good ad ministration principles tha t will

be mentioned in the content of th e future Administration and a dministrative pr ocedure code is one of the main

subjects that still r aises interest in the ar ea of national public law.

Key words: good administra tion, administration code, nationa l law, principles.

Introduction

The nationa l administrative la w does not have a source of pr inciples from which the Eur opean Union

would inspire in elabor ating the European Union law or from which the Court of Justice would take over cer tain

rules, therefore principles of good administra tion ar e not already grounded in the tradition of the Romanian

administrative la w. Our re search will be limited to analyzing the sta ges of good administra tion within the public

administratio n in Romania and analyzing the way in which the nationa l administration integra ted in the

Europea n Administrative Space, by assuming the principles of good government at natio nal level.

Present judicial frame for the application of the good administration principles

If we relate to the judicial signification of the Eur opean Union Char t of Fundamental Rights, we could

righteously a ssert that the principle of good administration ha s the value of a fundamental right deriving from

the qua lity of citizen of an EU member sta te. For example, in the Preamble o f the Charter, it’s stated that his

legislative act of the EU respec ts the rights resulting mainly from the constitutional traditions and common

internatio nal obligations of the member states, fro m the Eur opean Convention on defending the human rights

and fundamental liberties, from the Social Books adopted by the Union and the Council of E urope, as well as

from the jurisprudence of the EU Court of and the Eur opean cour t of Human Rights. Therefore, the quality of

member state, representing the recognition of the national values, pr omoted a t the level of the EU once again

grant, if we can assert so, the r ight to claim the respect of these principles of constitutional value.

Since the administra tive right in or country did not represent a source of principles from which the EU

would inspire in elabor ating the EU law or from which the Court of Justice would adopt certa in rules, we cannot

appro ach the principle of good administration as being already grounded in the traditions of the Romanian

administrative law. Good administra tion raises debates in The Netherlands fro m the p erspective of raising it to

the degree of constitutional p rinciple. We have to mention though that within the Dutch administrative law there

is already a codification of this principle.

Therefore, in what concerns Romania, the approach of this principle involves two side s. In the first

place, the degree of goo d administra tion within the author ities of public a dministration in Romania must be

ana lyzed, in order to observe the way in which the administration in Romania took over the pr inciples of good

administration (by adopting these principles withi n the legislation, or by applying the jurisprudence of the

European Courts or issue jurisprudence, general and mandatory, by the national instances, from the perspective

of its ob ligation to a pply the law of the EU, according to the principle of subsidia rity, respectively the way in

which the national a dministration integrated in the Europea n administrative space by assuming the most

democratic pr inciples that define in the end, a good administration a t national level.

In art. 51 in the Charter the application domains of its di spositions are established namely that they

address also to the member states b ut only when the dispositions of the EU law are put in application. Therefore,

the extension of the a pplication scope of the EU law is not allowed, besides from its competencies a nd no other

competencies or new tasks a re created for the Union. From this perspective, we are most interested in the

second varia nt.

Regarding the obligation to motivate the decisions by the p ublic a dministration a uthorities in the

Romanian legislation we do not find the obligation to motivate a ll the administrative acts as a basic principle of

a good ad ministration of their a ctivities.

From the per spective of the regulations existent at the level of the EU b ut considering the fact that the

obligation of motivating the acts at the level of the member states o f the EU r epresents a general tendency

1, we

 Lecturer Ph.D. at “Danubius” University of Galati, Romania, Faculty of Law, e-mail: livia_goga@yahoo.com

 Professor Ph.D. at “Danubius” University of Galati, Romania, Faculty of Law, e-mail: vasilicanegrut@univ-danubius.ro

 Lawyer – Galati Bar, Romania, e-mail: gabigurita@yahoo.com

1Vasilca. Negru, Reflectarea dreptului la o bun administrare în Constituia României, Annual session of scientific communication, ISA

Sibiu, May 28-29, 2010.