4. Institutions Involved

the right to an effective remedy (article 47 of the Charter) as well as rights which go with it—the right to be heard and the right for each person to access his or her file. This right to an effective remedy is also contained in article 2 of the International Covenant on Civil and Political Rights and article 13 of the European Convention on Human Rights. The institutions’ obligations arise from the provisions of general EU treaties.

4. Institutions Involved

Here we will specify several institutions that achieved significant developments in what concerns the concept of human rights. These institutions are the United Nations, the Council of Europe, and the European Union, and we will mention here some important documents produced by these institutions.

(a) United Nations In the International Covenant on Civil and Political Rights (ICCPR) we read:

Article 2, paragraph 3:

Each State Party to the present Covenant undertakes: a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; c) To ensure that the competent authorities shall enforce such remedies when granted.

Furthermore, we find norms of good governance at the UN level in the Code of Conduct for Law Enforcement Officials, adopted by the General Assembly on 17 December 1979 (Resolution 34/169), where we read in article 7: ‘Law enforcement officials shall not commit any act of corruption. They shall also rigorously oppose and combat all such acts.’

In addition, we also find relevant norms in the Convention Against Transnational Organized Crime, of 15 December 2000 and in the Convention Against Corruption of 31 October 2003. The former UN Commission on Human Rights (the predecessor of the current UN Human Rights Council) adopted Resolution 2000/64 on ‘The role of good governance in the promotion of human rights’. In that resolution, the Commission identified the key attributes of good governance: transparency, responsibility, accountability, participation, and responsiveness to the needs of the people. In Resolution 2005/68, the role of good governance in the promotion and protection of human rights has been further elaborated.

(b) Council of Europe Several articles of the European Convention for the Protection of Human Rights and Fundamental Freedoms are relevant. In this context, a key provision is Article 13, the right to an effective remedy:

Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.

The Committee of Ministers of the Council of Europe made the following Recommendations related to Good Governance: Resolution (97) 7 of 1 April 1997 (on local public services and the rights of their users) and Resolution (2000) 10 of 11 May 2000 (on codes of conducts for public officials).

(c) Other general sources The following articles from international documents are part of the six principles of good governance which have been discussed in this book, and therefore they are also part of the right to good governance:

• Article 2 International Covenant on Civil and Political Rights. • Article 7 Code of Conduct for Law Enforcement Officials, adopted by General Assembly of 17 December 1979 (Resolution 34/169). • Article 13 European Convention for the Protection of Human Rights and Fundamental

Freedoms. • Article 41 Charter of Fundamental Rights of the European Union.

The following articles from international declarations and treaties are specifically related to the principle of properness:

• Article 1 Universal Declaration of Human Rights. • Article 2 International Covenant on Civil and Political Rights. • Article 3 International Covenant on Economic, Social and Political Rights. • Article 14 European Convention for the Protection of Human Rights.

The following articles apply specifically to the principle of participation:

• Articles 8 and 11 Universal Declaration of Human Rights. • Article 14 International Covenant on Civil and Political Rights. • Articles 6, 13, and 16 European Convention for the Protection of Human Rights.

Some relevant articles in European Union Law

• Article 1 Treaty of the European Union: ‘This Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen.’ • Article 24 (4) TFEU: ‘Every citizen of the Union may write to any of the institutions or bodies referred to in this article or in article 13 of the Treaty on European Union in one of the languages mentioned in article 55(1) and have an answer in the same language.’ • Article 253 EC Treaty: ‘Regulations, directives and decisions adopted jointly by the European

Parliament and the Council, and such acts adopted by the Council or the Commission, shall state the reasons on which they are based and shall refer to any proposals or opinions which were required to be obtained pursuant to this Treaty.’ • Article 288 EC Treaty: ‘In the case of non-contractual liability, the Community shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its institutions or by its servants in the performance of their duties.’ • Helsinki European Council, 10 and 11 December 1999; Presidency conclusions: