The place and contents of good administration in Estonian law on the example of terminological diversity based on case-law and the practice of the chancellor of justice

Abstract

The term “good administration” is well-known in the laws of the European Union and Estonia. There is no ambiguity in the terminology of good administration with regard to the English approach in EU law, as the right to good administration is referred to expressis verbis and contained in Article 41 of the Charter of Fundamental Rights of the European Union proclaimed in Nice on the 7th of December 2000 (EU Charter of Fundamental Rights. OJ 2012/C 326/02). Pursuant to subsection 1 of the aforementioned, the right to good administration means that the institutions and bodies of the Union must handle one’s affairs impartially, fairly and within reasonable time. These three principles can be called the key elements of good administration. Through their wording, the key elements of good administration allow the principle of good administration to provide a rather broad and varied content. To avoid this, Article 41 (2) of the Charter specifies the content of the key elements of good administration, providing everyone with the right to be heard before any individual measure which would affect him or her adversely is taken (EU Charter of Fundamental Rights. OJ 2012/C 326/02 Art 41 (2) (a)), to have access to his or her file (EU Charter of Fundamental Rights. OJ 2012/C 326/02 Art 41 (2) (b)), to demand reasons from the administration for its decisions (EU Charter of Fundamental Rights. OJ 2012/C 326/02 Art 41 (2) (c)), to determine the language to be used (EU Charter of Fundamental Rights. OJ 2012/C 326/02 Art 41 (4)) and to have the right to demand damages to be made good (EU Charter of Fundamental Rights. OJ 2012/C 326/02 Art 41 (3)). Through the regulation mentioned above, EU law has defined the term of right to good administration through specific content elements.