Good Governance , Concept & Context

Page 301

276

Conclusions on Good Governance

public accountant who watches over the efficiency and effectiveness of public programmes. We see such developments at the national level as well as at the EU level. Establishing the effectiveness of policies and programmes often requires a variety of sophisticated evaluation techniques that may also vary within the sector that is being evaluated. Old-​fashioned financial accounting or legal scrutiny will not suffice. Audit offices have to establish multidisciplinary teams and interdisciplinary understanding becomes more important. Some of these new roles may also create new dilemmas. Auditors may find it difficult to combine both the traditional accounting role and this new role, in which they have to apply the principle of accountability in the context of good governance. The right to good administration has not developed in isolation. The right to good administration is also the right to good governance in a narrow sense because it is used as a norm by the different powers in the state in relation to the qualification of the administration. Several principles of good governance were already developed in regulations and in codes which are the building blocks for the development of the right to good governance. There were even more developments since the controlling institutions, such as the European Ombudsman, have also developed these principles of good governance in different ways in their assessments of the activities of the administration. In parallel, specific rights such as the right to transparency and the right to participation have been developed.

3. Part III: The Implementation of the Principles of Good Governance In Part III, we described the implementation of the principles of good governance on the national, regional (EU), and international level. The description of the main implementation elements of individual countries and the comparison between countries is based on a study on good governance in the EU member states; several countries outside Europe have also been investigated. After that, the regional level was discussed—​ the European Union and the Council of Europe were chosen as models as far as it was comparable. The last chapter was about the implementation on the international level. Good governance is part of the modern state not only in Europe, but also in other parts of the world, on both the national and local level. Good governance has a dual nature, comprising both a real (or factual) dimension, and an ideal (or critical) one. In the case studies, a distinction was made between three links of good governance: rule of law, democracy, and institutional. Within each of the three links we distinguished between the following three developments: the general development, the specification, and the intermediate position. For example, in relation to the rule of law dimension: in general development there is a strong focus on legality, and in specific development by the properness and the human rights principles. The intermediate position is a mix of the general and specific development. Within each development we can distinguish between a written development in the constitution, the law, or the regulations, and a development of (un)written principles by case law and/​or in the literature. The twenty-​ eight EU member states were divided into five groups of countries, in which each country separated was studied, in Northern, Western, Southern, and Central Europe, and the United Kingdom and Ireland. Regarding the interpretations of good governance in the member states of the EU and the underlying values (suitability, integrity, and transparency), we concluded that in all EU member states the concept of good governance is used as a norm for the


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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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