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The Principle of Human Rights
administrative conduct, applicable to the civil servants of institutions and bodies of the European Union, in their relations with the public. The Commission has added a code of this type in an appendix to its internal regulations, in the context of the reform of its services and operations. The other institutions and bodies of the Union have also adopted a code of good administrative conduct based on the Ombudsman’s recommendations, or are in the process of doing so.4
2. The Concept of the Principle of Human Rights The underlying ideas of human rights have a long history and can be found in ancient Greek philosophy and in various world religions. In the eighteenth century, the concept of human rights emerged as an explicit category and was seen as a basic precondition for an existence worthy of human dignity. The term ‘human rights’ appeared in the American Declaration of Independence of 1776, which referred to inalienable rights, as well as in the French Declaration des Droits de l’Homme et du Citoyen in 1789. The idea of basic rights originated from the need to protect the individual against the arbitrary use of state power. There are different categorizations in relation to human rights. On the international level, a distinction is usually made between civil and political rights on the one hand, and economic, social, and cultural rights on the other. Another distinction is made between classic rights (rights which restrict the powers of the state in respect of the individual) and social rights (rights which often require governments to intervene actively). Finally, some people talk of generations of rights. The first are civil and political rights, the second are economic, social, and cultural rights, and the third-generation rights are called the solidarity rights, like the right to peace and the right to a clean environment. Human rights can be found in national constitutions and in international treaties. For international human rights, the relationship between international law and national law is relevant. Here the terms monism and dualism are used to describe this relationship. From the perspective of monism, the internal and international legal systems form a unity. Depending on whether a state has a monist or dualist legal system, the influence of international human rights on the national system is more direct or indirect. The concept of the right to good governance can best be explained by looking at the text of the Charter of Fundamental Rights of the European Union. In it we find the right to good administration in article 41: 1. 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. 2. This right includes: • the right of every person to be heard, before any individual measure which would affect him or her adversely is taken; • the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy; • the obligation of the administration to give reasons for its decisions. 3. Every person has the right to have the Community make good any damage caused by its institutions or by its servants in the performance of their duties, in accordance with the general principles common to the laws of the Member States.
4
Diamandouros 2007.
