Good Governance and the Europeanization of National Law
41
Finally, research on the same topic has been conducted, mainly concerned with the concretization of principles of good administrative behaviour by the ECJ.56 There is a study based on the subdivision of six principles of good governance, referred to earlier.57 The study shows that principles of responsible administration were initially applied in the context of political responsibility, although these are not given substance just through legal rules, but also through courts of audit.58 The principles of participatory administration have been given a mainly formal, procedural content by both the courts and the European Ombudsman. The principles of transparent administration relate in particular to the accessibility of documents and the public nature of decision- making. The Court has acknowledged the principle of transparent administration as well. The Ombudsman links human rights principles relating to the administration with bad administration, whereas the Court considered these human rights principles by themselves. The principles of proper administration are afforded wider application by both bodies, although the Court is more the frontrunner and the Ombudsman the runner-up. Is any legal tradition recognizable in this development? Not even one. The European Union has generated its own particular blend of traditions. Although the administrative system of the European Union was initially modelled on the French system, subsequent developments have led to a growing emphasis on individual rights in administrative procedures. 59 As seen above, many actors have been involved in the development of principles of good administrative behaviour, all in their own way. These actors include the European Court of Human Rights, the Court of Justice and the Court of First Instance, the European Ombudsman, and some of the member states of the European Union. As the European Convention on Human Rights and its protocols become increasingly significant for the European Union, they may influence the further development of these principles, and even the principles of good governance in general.
3. Good Governance and the Europeanization of National Law The developments of principles of good administration in the sphere of the European Union are not solely confined to European institutions.60 Gradually, these developments influence the administrative law of the member states. Indeed, we are witnessing an ongoing process of Europeanization and this is not a recent development. While it is not completely new, the literature nowadays clearly recognizes that European law and administrative law are converging. That is not only in the relationship between European law and national administrative law but also in the interaction between international law and national administrative law.61 Moreover, a stronger foundation is needed as the influence reaches beyond the traditional notion of sovereignty, especially as far as territoriality is concerned.62 Oldenziel 2003. Participation, transparency, effectiveness, accountability, proportionality, and human rights, see Addink 2005. 58 Oldenziel 2003, ch 10, Conclusions. 59 For a discussion on countervailing tendencies, see Harlow 1988, 10. 60 61 Prechal and Widdershoven 2017. Schmidt-Assmann 2008, 2061–79. 62 Ibid, 2061. 56 57
