Minding the Gap in European Administrative Law : on Lacunae, Fragmentation and the Prospect of a Brighter Future

15-03-2011

A more comprehensive definition of ‘good administration’ is lacking in the EU. While the Treaties and the Charter establish a number of useful rights, these provisions ought to be developed and made more precise through horizontal rules applicable to all EU institutions in all policy fields. The existing policy-specific rules and soft law regulation have not proved satisfactory. A regulation on good administration applicable to the EU institutions, bodies and agencies ought to be adopted based on Article 298 TFEU.

A more comprehensive definition of ‘good administration’ is lacking in the EU. While the Treaties and the Charter establish a number of useful rights, these provisions ought to be developed and made more precise through horizontal rules applicable to all EU institutions in all policy fields. The existing policy-specific rules and soft law regulation have not proved satisfactory. A regulation on good administration applicable to the EU institutions, bodies and agencies ought to be adopted based on Article 298 TFEU.