Specification of the Principles of Good Governance
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the administration but also to other activities, such as private activities and factual acts. All these forms of governmental behaviour are linked with the principles of good governance and therefore the focus is on the broader perspective of governance.
(c) Principles of good governance and principles of proper administration The literature sometimes refers to the concept of good governance as principles of good governance or principles of proper administration, but sometimes also as principles of fair administration. As already explained, the distinction between governance and administration is not that explicit in all modern states. Therefore, some scholars prefer to make a distinction between corresponding sets of principles: principles of good governance or principles of proper administration. In that case, it is better to refer to principles of good administration rather than only ‘proper’ or ‘fair’ administration, so it would express—in a modern state—the necessary deeper and broader demands of good administration over the minimum standards of proper administration. Interestingly, the European Ombudsman uses the terminology of good administration (former article 138e/article 195 EC Treaty; now article 228 TFEU). Chapter 7 elaborates upon the details of the distinction and the relationship between the broader principles of good administration and the narrower principles of proper administration. For now, it is important to recognize the principles of proper administration as minimum standards and to regard the principles of good governance as having a higher level of ambition. Concretely, good governance is mainly about the six specified principles. Further, it is relevant to understand that a violation of the principles of proper administration is always contrary to the law, whereas a violation of the principles of good governance is often illegitimate and could be merely subsequently unlawful. Since good governance is concerned with more than the legal aspects of accountability and effectiveness, good governance essentially means more than only the traditional legal aspects. The extent to which principles of good governance are actually codified is decisive for the justifiability of alleged violations of those principles.11
3. Specification of the Principles of Good Governance The concept of good governance is a meta-concept, which means that good governance is built on other concepts. These specific principles of good governance are: properness, transparency, participation, effectiveness, accountability, and human rights. These specific principles are relevant on the national, the regional, and the international level. These levels partly interact in the development and implementation of the principles. Chapter 3 elaborates upon this interaction.
11 Two aspects are relevant in this context, a formal and a substantive one. The formal aspect is that the law prescribes what degree of attention should be given to the principles of accountability and effectiveness. The Dutch Court of Audit focuses mainly on these two principles, as elaborated in the Dutch Court of Audit Strategy 2010–12. The substantive aspect is that, in relation to accountability and effectiveness, in practice it is more of a process than an action. Such a process can be controlled by the judiciary. These aspects are different from questions related to the civil or criminal liability of the administration as a part of the legal entity—the state. However, there are some links.
