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European Union, European Ombudsman

A new fundamental right for citizens

At its meeting in Nice in December 2000, the European Council proclaimed the new Charter of Fundamental Rights of the European Union. From the point of view of both ombudsmen and citizens, the fact that for the first time ever, an international agreement on human rights includes a right to good administration, represents a major step forward.

Article 41 of the new Charter is entitled "the right to good administration". This article foresees that every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union. It further mentions some basic requirements for good administrative behaviour including the right of the citizens to be heard, the right for them to have access to their own file and the obligation for the administration to give reasons for its decisions. It also contains the obligation for the administration to make good any damage caused by its institution, or by its servants in the performance of their duties. In addition, citizens now have the right to use any one of the languages of the Treaties in their communications with the EU administration.

It is clear that these basic requirements for good administration are not the only rules and principles to be followed by the institutions and bodies and their servants in order to guarantee good administration. A set of rules and principles, a law, or a Code on good administrative behaviour is needed so that the EU institutions and bodies and their servants can live up to the level of good administration provided for in the Charter.

In April 2000, I presented a Special Report to the European Parliament following my own initiative inquiry into the existence and the public accessibility, in the different Community institutions and bodies of a Code of Good Administrative Behaviour. This special report, which will be dealt with during the spring, contains the proposal that the European Parliament should initiate the adoption of a European administrative law to ensure that officials of all the Community institutions and bodies observe the same principles of good administrative behaviour in their relations with the public. Article 41 of the Nice Charter will undeniably strengthen this position.

During the International Ombudsman Congress, which met in Durban, South Africa, in late-autumn 2000, the draft Charter of Fundamental Rights of the European Union as well as the European Ombudsman's draft Code of Good Administrative Behaviour were presented. The final resolution of the congress underlined that there is a fundamental right to good administration for all citizens in our modern world. The Ombudsman institutions throughout the planet are there to promote and pursue that right. The Nice Charter is a good paper for the citizens and I hope that it will become a living reality through common action by all the parties involved.

Contact details:
European Ombudsman
1, Avenue du Président Robert Schuman
B.P. 403
F - 67001 Strasbourg Cedex
E-Mail : euro-ombudsman.eu.int
Website : http://www.euro-ombudsman.eu.int

European Union, European Ombudsman

A new fundamental right for citizens

At its meeting in Nice in December 2000, the European Council proclaimed the new Charter of Fundamental Rights of the European Union. From the point of view of both ombudsmen and citizens, the fact that for the first time ever, an international agreement on human rights includes a right to good administration, represents a major step forward.

Article 41 of the new Charter is entitled "the right to good administration". This article foresees that every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union. It further mentions some basic requirements for good administrative behaviour including the right of the citizens to be heard, the right for them to have access to their own file and the obligation for the administration to give reasons for its decisions. It also contains the obligation for the administration to make good any damage caused by its institution, or by its servants in the performance of their duties. In addition, citizens now have the right to use any one of the languages of the Treaties in their communications with the EU administration.

It is clear that these basic requirements for good administration are not the only rules and principles to be followed by the institutions and bodies and their servants in order to guarantee good administration. A set of rules and principles, a law, or a Code on good administrative behaviour is needed so that the EU institutions and bodies and their servants can live up to the level of good administration provided for in the Charter.

In April 2000, I presented a Special Report to the European Parliament following my own initiative inquiry into the existence and the public accessibility, in the different Community institutions and bodies of a Code of Good Administrative Behaviour. This special report, which will be dealt with during the spring, contains the proposal that the European Parliament should initiate the adoption of a European administrative law to ensure that officials of all the Community institutions and bodies observe the same principles of good administrative behaviour in their relations with the public. Article 41 of the Nice Charter will undeniably strengthen this position.

During the International Ombudsman Congress, which met in Durban, South Africa, in late-autumn 2000, the draft Charter of Fundamental Rights of the European Union as well as the European Ombudsman's draft Code of Good Administrative Behaviour were presented. The final resolution of the congress underlined that there is a fundamental right to good administration for all citizens in our modern world. The Ombudsman institutions throughout the planet are there to promote and pursue that right. The Nice Charter is a good paper for the citizens and I hope that it will become a living reality through common action by all the parties involved.

Contact details:
European Ombudsman
1, Avenue du Président Robert Schuman
B.P. 403
F - 67001 Strasbourg Cedex
E-Mail : euro-ombudsman.eu.int
Website : http://www.euro-ombudsman.eu.int