The Modernisation of Administrative Law and Good Governance

oleh Prof.Dr.G.H.Addink

Good Governance : Institutional and Substantial Developments

The National State : 3 powers, from separation to balancing powers

Growing importance of the fourth independent powers. Ombudsman, Courts

of Audit
The National State : Democratie of Law :
o The rule of law (rechtstaat) principle worked out in the following 4
aspects : legality, balancing powers, independent judiciary and

protecting human rights.

o The Democracy principle ...(kelewat)
Focus Principle of Good Governance
Differences between Principle of Good Governance, Principle of Good

Administration and Principle Corporate Gorvenance.

Good Governance, Good Legislation, Good Administration and Good

Judiciary.
Principle of Good Administration direct linked to Principle of Democratie

Rule of Law
6 Principles of Good Administration: principle of proper administration,
transparent administration, participative administration, effective participation,
accountable administration, and human rights administration.

National Level : Principles of Proper Administration

On national level different types of development of Principles of Proper

Administration
Germany in constution some general principles and application by the court
France: stronger development of principles by the courts
Netherlands: some principles in contution active development of principles by
the courts, (kelewat)

Regional and International Development on Principles of Good Administration

On European level two types of institution : European Union and Council of

Europe

European Union started as an Economic Union but nowdays there is much

more integration including the

EU has its own legal framework and instituion but partly the implementation

is done on national level.

Council of Europe is more focus on Institution of human rights and good

governance on national level

kelewat
kelewat
On EU level the code of Good Administraion behavior developed by the

European Ombudsman, fixed by the European (kelewat

kelewat
On Council of Europe level the recommendation to member states on good

administration (kelewat
kelewat

External development right to good administraion

2000 charter of fundamental right european union

Article 41 : a specified subjective right to good administration for every

person
Article 43 : any citizen right to complaint ombudsman
European Ombudsman is appling code of good administration behavior
European court of justice (kelewat)

Conclusion
General Administrative Law:

In several countries there is a discussion about a right-oriented innovation of

administration law
This innovation is fixed on steering charecter of general administrative law,
specification of the mo...for the administration and direct link interaction with
the specific fields of administrative law

Principle of Good Administration:

Development from proper administration to Principle of Good Administration

Distinguishing between Good Gorvenance, Good Administration, and
Corporate Gorvenance

On national and regional level development to a specification of there

principles in a Code of Good Administration

On regional level fundamental right to good administration