Northern Europe
201
In the research five phases have been applied to the three dimensions of good governance: rule of law, democracy, and institutional structure. The results are shown here in Figure 14.1.
Figure 14.1 Application of the six principles of good governance in different policy fields
We investigated the application of the six principles of good governance in different policy fields. As illustrated in Figure 14.1 there is, first, a difference between the instrumental function of the principles in the frame of the specific policy fields, and their protective function when these are applied by reviewing institutions like the courts and the ombudsmen. Most principles started from the idea of developing protection. A second point of attention is that after some time there is a discussion about the extent of codification and harmonization of these in case-law-developed principles. On the one side, codification offers legal certainty and equality, on the other side, (un)written principles may leave room for case-specific interpretation by courts and ombudsmen which give space for flexibility. The third point is the relationship between the principles: is there a legal ranking of principles? We see that sometimes the legislator has given priority to one principle over another, while other times the court gives priority to the most specified principle. The final conclusion of the research on principles of good governance is that a bottom- up discussion amongst the member states regarding similarities and dissimilarities in good governance norms is necessary. It will create more trust among member states, also enabling the states to shape the discussion on good governance in the context of the European Union. The ReNEUAL Model Rules can serve as a convenient framework for the discourse. The confidence of all EU citizens and national authorities in the functioning of good governance is particularly vital for the further economic, social, and cultural development of the member states. In the following description we have focused more on the individual countries in each of the parts of Europe. So, our focus was not primarily the comparative part of the study, but the primary object of the study was to describe the situation of good governance in the individual countries and the roles of the institutions. And second—based on the individual description—we tried to make general conclusions also but only within each of the parts of Europe.
2. Implementation of Good Governance in Northern Europe The good governance concept has been strongly implemented—see Figure 14.2—in the three Northern European countries, which are all unitary states. In Finland we find the concept of good governance in the context of legal protection in the Constitution. In general, some of the six principles of good governance have been explicitly codified in the Constitution or in a General Administrative Procedure
