Good Governance , Concept & Context

Page 198

Specification of the Concept

173

4. Every person may write to the institutions of the Union in one of the languages of the Treaties and must have an answer in the same language.

3. Specification of the Concept Many human rights require action on behalf of the government. These activities relate to the duties to respect, protect, and fulfil human rights.5 There are many rights, like the economic and social rights, which provide the conditions necessary for prosperity and well-​being. More generally speaking, many economic, social, and cultural rights are related to the activities of the government and to governance in a broader perspective. It does not mean that everything has to be done by the government itself. The government has the responsibility to create the right framework and a good climate to enable the civil society to fulfil human rights and its aims. Both groups of norms for the government—​human rights norms and good governance norms—​can only be realized by each other, so these norms are complementary to each other. Human rights need good governance and good governance needs human rights. This means that there is an interaction between these two types of norms and several of these norms are the same. For example, the principles of transparency and participation, which are principles of good governance, can be found in several international human rights treaties. In the literature,6 participation (and especially transparency) in the context of access to information is still recognized as a human right. I think the principle of human rights administration is important because, in a way human rights can restrict several principles of good governance. For instance, transparency can be restricted due to national security or right to a private life. In this context, an interesting development is that several of these principles of good governance, like the participation or the transparency principle, are reflected in human rights. In this case, the principles of good governance are strengthened because of the legally binding nature of the human rights contained in international treaties. This development can be observed for several good governance principles. It is therefore not surprising that the right to good governance in general has emerged. This right to good governance has been included and elaborated in 2000 by the Nice Charter on Fundamental Rights of the European Union. This Charter became binding for all EU member states through the Treaty of Lisbon, which entered into force in 2009 in all EU countries, except for Poland and Great Britain. These countries did not accede to the Charter by signing an additional protocol of the Treaty of Lisbon. Thus, we can conclude that there is a clear interaction between the principles of good governance and the right to good governance. The principle of good administration has been developed by the jurisprudence of the Court of Justice of the European Union and is based on the existence of a community governed by the rule of law. Paragraph 1 of the article about the right to good administration reaffirms this general right, the essential elements of which are elaborated in paragraph 2. The right to good administration arises from a concern for equal treatment, in accordance with the jurisprudence of the Court, and with 5 UNHR Office of the High Commissioner for Human Rights, ‘What are human rights’, see <http://​www.ohchr.org/​en/​issues/​Pages/​WhatareHumanRights.aspx>. 6 Hins and Voorhoof 2007.


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Articles inside

Index

44min
pages 332-353

Bibliography

38min
pages 306-331

Governance

14min
pages 301-305

2. Part II: The Specification of the Principles of Good Governance

8min
pages 298-300

4. Conclusions

9min
pages 291-294

of Human Rights

2min
page 290

2. Good Governance in International Case Law

2min
page 289

Ombudsman

17min
pages 280-285

4. Conclusions

3min
pages 286-287

Court of Justice

30min
pages 270-279

Institutions

2min
page 269

16. Implementation of Good Governance Principles on the European Level

2min
page 268

5. Conclusions

2min
pages 266-267

South Africa

13min
pages 261-265

3. Implementation of the Good Governance Principles in Canada

21min
pages 253-260

7. Conclusions

12min
pages 220-224

2. Implementation of Good Governance in Northern Europe

2min
page 226

6. Cases about the Implementation of Good Governance Principles

5min
pages 218-219

5. Different Developments in the Practices of Different Countries

2min
page 217

2. Concept and Principles of Good Governance and Integrity

2min
page 212

Practices of Good Governance

6min
pages 214-216

the Non-EU Country Studies

1min
page 213

1. Good Governance: The Need and the Practical Relevance

2min
page 211

6. Conclusions

1min
pages 207-209

5. Sources of the Principle of Human Rights

14min
pages 201-206

3. Specification of the Concept

2min
page 198

2. The Concept of the Principle of Human Rights

2min
page 197

4. Institutions Involved

4min
pages 199-200

6. Conclusions

1min
page 195

5. Sources of the Principle of Accountability

5min
pages 193-194

2. The Concept of Accountability

5min
pages 183-184

6. Sources of the Principle of Effectiveness

5min
pages 179-180

7. Conclusions

1min
page 181

5. Institutions Involved

10min
pages 175-178

4. Specification of this Concept

2min
page 174

3. The Concept of Effectiveness

12min
pages 170-173

6. Conclusions

3min
pages 164-165

2. Development of the Principle of Effectiveness

5min
pages 168-169

3. Specification of the Concept

10min
pages 157-160

5. Sources of the Principle of Participation

5min
pages 162-163

4. Institutions Involved

2min
page 161

1. The Development of the Principle of Participation

2min
page 155

9. The Principle of Participation

2min
page 154

2. The Concept of Participation

2min
page 156

6. Conclusions

2min
pages 152-153

5. Sources of the Principle of Transparency

20min
pages 145-151

4. Institutions Involved

8min
pages 142-144

3. Specification of the Concept

7min
pages 139-141

2. The Concept of Transparency

5min
pages 137-138

2. The Concept of Properness

2min
page 125

5. Conclusions

1min
pages 121-123

3. Specification of the Concept

21min
pages 126-133

3. Democracy and Transparency

2min
page 119

4. Democracy and Participation

2min
page 120

2. Democracy: Direct and Representative

2min
page 118

6. The Role of Good Governance Related to these Developments

2min
page 114

7. Conclusions

1min
page 115

3. Rule of Law and Rechtsstaat: Specification of Differences

5min
pages 106-107

5. Difficulties and Developments of the Traditional Rule of Law

5min
pages 112-113

4. Rule of Law and Rechtsstaat: Formal and Substantial Perspectives

11min
pages 108-111

2. Different Historical Roots and Traditional Perspectives

2min
page 105

7. Conclusions

3min
pages 98-99

5. Good Governance and Integrity

18min
pages 89-95

4. The Nature of Principles in the Legal Theory

7min
pages 86-88

3. The Relationship between Law and Values

5min
pages 84-85

6. Conclusions

4min
pages 78-79

5. Good Governance on the International Level

12min
pages 73-77

2. Dworkin and Hart

8min
pages 81-83

4. Good Governance on the European Union Level

14min
pages 68-72

3. Good Governance and the Europeanization of National Law

4min
pages 66-67

2. Good Governance on the National Level in Europe

25min
pages 57-65

7. Conclusions

2min
page 49

4. Good Governance and the Main Developments

9min
pages 34-36

2. Concept of Good Governance

8min
pages 41-43

6. Conclusions

3min
pages 38-39

4. Institutions Involved within a Framework of Checks and Balances

6min
pages 45-47

Implementation of Good Governance in the United Kingdom

2min
page 31

2. Good Governance and Law

2min
page 30

5. Structure of the Three Parts of this Book

2min
page 37

3. Specification of the Principles of Good Governance

2min
page 44
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