Right to good administration

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Presentation transcript:

Right to good administration

The Charter The Charter of Fundamental Rights of the EU brings together in a single document the fundamental rights protected in the EU. The Charter contains rights and freedoms under six titles: Dignity, Freedoms, Equality, Solidarity, Citizens' Rights, and Justice.

The EU Charter of Fundamental Rights complements, but does not replace, national constitutional systems or the system of fundamental rights protection guaranteed by the European Convention on Human Rights.

Entry into force The Charter became legally binding on the EU with the entry into force of the Treaty of Lisbon, in December 2009.

Purpose The rights of every individual within the EU were established at different times, in different ways and in different forms. For this reason, the EU decided to clarify things and to include them all in a single document which has been updated in the light of changes in society, social progress and scientific and technological developments: this document is the Charter of Fundamental Rights of the European Union (the Charter).

Application The provisions of the Charter are addressed to: •the institutions and bodies of the EU with due regard for the principle of subsidiarity; and •the national authorities only when they are implementing EU law.

Implementation The Charter aims to guarantee that at every step - from the EU legislative process to the application of EU law at the national level - the rights and principles of the Charter are taken into account ; improve EU citizens' understanding of fundamental rights protection within the EU, providing them with concrete information on possible remedies and the role of the Commission in this field;

Protection The Charter protects individuals and legal entities against actions by the EU institutions that infringe fundamental rights. If this happens, the European Court of Justice has the power to review the legality of the act. If a national authority violates the Charter when implementing EU law, national judges (under the guidance of the European Court of Justice) have the power to ensure that the Charter is respected.

Citizens’ rights In Title V, main citizens’ rights are determined, such as the right to vote and to stand as a candidate at elections to the European Parliament and municipal elections, right to good administration, right of access to documents, right to petition, freedom of movement and of residence and the right to diplomatic and consular protection. https://www.youtube.com/watch?v=_saAJy- IRWA

Translate the following: Article 41 Right to good administration 1. Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union. 2. This right includes: a) the right of every person to be heard, before any individual measure which would affect him or her adversely is taken; (b) the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy; (c) the obligation of the administration to give reasons for its decisions. 3. Every person has the right to have the Union make good any damage caused by its institutions or by its servants in the performance of their duties, in accordance with the general principles common to the laws of the Member States. 4. Every person may write to the institutions of the Union in one of the languages of the Treaties and must have an answer in the same language.

Članak 41. Pravo na dobru upravu 1. Svatko ima pravo da institucije, tijela, uredi i agencije Unije njegove predmete obrađuju nepristrano, pravično i u razumnom roku. 2. To pravo uključuje: (a) pravo svake osobe na saslušanje prije poduzimanja bilo kakve pojedinačne mjere koja bi na nju mogla nepovoljno utjecati; (b) pravo svake osobe na pristup svojem spisu, uz poštovanje zakonitih interesa povjerljivosti te profesionalne i poslovne tajne; (c) obvezu uprave da obrazloži svoje odluke. 3. Svaka osoba ima pravo da joj Unija naknadi svaku štetu koju njezine institucije ili službenici prouzroče pri obavljanju svojih dužnosti, u skladu s općim načelima koja su zajednička pravima država članica. 4. Svaka se osoba može pisanim putem obratiti institucijama Unije na jednom od jezika Ugovorâ i mora dobiti odgovor na istom jeziku.

Thank you!