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Implementation of Good Governance on the EU Level
administration to give reasons for its decisions. In addition, the institutions are under the obligation to compensate for damages caused by their action. Finally, everyone has the right to write to the institutions of the Union in any official language and to receive an answer in the same language. In search of a better quality of administrative proceedings, a code on good administrative practice, a soft law instrument based on the logic of best practice has ultimately been adopted. Thus, it has to be noted that the code has so far not been able to develop a relevant impact on the administrative decision-making in the European institutions.
1. Implementation of the Good Governance Principles by European Institutions (a) The European Commission’s White Paper (2001) and the Code of Good Administrative Behaviour for Staff of the European Commission The elements of this policy paper are: the idea to reform European governance; the principles of good governance for this reform; the concrete proposals for change; and the governance in relation to the future of Europe. Why was a reform needed? There are different arguments for this reform: the inability to act effectively; it rarely gets proper credits for its actions; member states do not communicate well about the EU; and many people do not know the difference between the EU institutions. The leading principles of this reform are: openness; participation; accountability effectiveness; and coherence. These five principles reinforce the principles of proportionality and subsidiarity. The following action points were worked out: better involvement; better policies, regulation, and delivery; the EU’s contribution to global governance; and refocused policies and institutions. The White Paper was followed by the 2004 binding Code of Good Administrative Behaviour for Staff of the European Commission. Most of these principles are directly related to the principles of good governance. The principle of lawfulness states that the Commission acts in accordance with the law and applies the rules and procedures laid down in Community legislation. The principle of non-discrimination and equal treatment based on which the Commission in particular, guarantees equal treatment for members of the public irrespective of nationality, gender, racial or ethnic origin, religion or beliefs, disability, age, or sexual orientation. Thus, differences in treatment of similar cases must be specifically warranted by the relevant features of the particular case in hand. The Commission uses the principle of proportionality to ensure that the measures taken are proportional to the aim pursued. In particular, the Commission will ensure that the application of this Code never leads to the imposition of administrative or budgetary burdens out of proportion to the benefit expected. Also, concerning the principle of consistency, the Commission shall be consistent in its administrative behaviour and shall follow its normal practice. Any exceptions to this principle must be duly justified. The principles of objectivity and impartiality, according to which staff shall always act objectively and impartially, are in the Community interest and for the public good. They shall act independently within the framework of the policy fixed by the Commission and their conduct shall never be guided by personal or national interest or political pressure. The principle of transparency applies to information on administrative procedures where a member of the public requires information relating to a Commission administrative procedure. In this case, staff shall ensure that this
