1. © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Administrative Simplification through a general law on administrative procedures for the protection of citizens’ rights and economic development: the key issue of legal certainty and predictability in administrative performance Jacques Ziller Professor, University of Pavia, Italy Seminar on Administrative Simplification Ankara 8-9 May 2008

2. The rule of law and legal certainty: why, how and for whom?  The two major components of law: legal certainty & equity/fairness  Legal certainty as a protection of the weaker party  Legal certainty and “written law”: legistics as a practical science  Legal certainty and “case law”: consistency in adjudication by courts and by administrative agencies  Is legal certainty an impediment to output oriented management? The concept of administrative discretion

3. Predictability as a key to good management:  Predictability through clear objectives  Predictability through routines  Predictability through clear organisational settings  Predictability through legal rules  Predictability as indispensable condition for delegation

4. What kind of codification: “hard law or soft law”?  The development of laws of administrative procedure  The development of codes of good behaviour, ethics etc.  Differences and common features between hard law and soft law codification

5. What content for an administrative procedure code?  Codification of routines  Codification of rights  Codification of parameters for the exercise of discretion  General codification and sector specific needs  An case study: The European Code of Good Administrative BehaviourThe European Code of Good Administrative Behaviour