General Principles of Administrative Law
Tbilisi State University
The lecture shall complement the lecture on Georgian Administrative Law. The aim of the lecture is not to teach Georgian Administrative Law but to explain general principles of administrative law, particularly on the basis of the work of the Council of Europe on this subject, which reflects - in spite of differences between the administrative and the legal systems - that there is a broad consensus on the fundamental principles which should govern the administrative procedures and, particularly, the necessity to ensure fairness in the relations between the individual and administrative authorities. These "Pan-European General Principles of Good Administration" will be analysed on the basis of the jurisprudence of the European Court of Human Rights and the recommendations on administrative law of the Council of Europe.
- U. Stelkens/A. Andrijauskaite, Added Value of the Council of Europe to Administrative Law
- P. Leuprecht, The contribution of the Council of Europe to reinforcing the position of the individual in administrative proceedings, 1985
- Proceedings of the "Pan-European Conference on the right to good administration" (Warsaw 4-5 December 2003)
- Meeting Report of the 18th meeting of the CJ-DA, Strasbourg, 11-13 October 2006 - CJ-DA (2006)7
Course structure and reading assignments
§ 2 The Council of Europe and the Emergence of Pan-European-Principles of Administrative Law
Mandatory reading assignment
- Article 'Council of Europe' on Wikipedia: https://en.wikipedia.org/wiki/Council_of_Europe
- U. Stelkens/A. Andrijauskaite, Added Value of the Council of Europe to Administrative Law
Please have a look at:
- Statute of the Council of Europe
- Convention for the Protection of Human Rights and Fundamental Freedoms
- Recommendation CM/Rec(2007)7 of the Committee of Ministers to member states on good administration
- Recommendation Rec(2004)20 of the Committee of Ministers to member states on judicial review of administrative acts
§ 3 Administrative Bodies and Distributions of Competences and Local Self-Government
Please read:
- European Court of Human Rights, Judgment of 2004/30/11/30 no. 35091/02 (Mykhaylenky and Others vs. Ukraine), para. 41 et seq.
- European Charter of Local Self-Government
- Recommendation No R(93)7 on privatisation of public undertakings and activities
§ 4 Legality of Administration
Please read:
- European Court of Human Rights, Judgment of 1999/03/25, no. 31107/96 (Iatridis vs. Greece), para. 58
- European Court of Human Rights, Judgment of 2008/11/6, no. 58911/00 (Leela Förderkreis e.V. and Others vs. Germany), para 85 et seq.
- European Court of Human Rights, Judgment of 2004/06/22, no. 31443/96 (Broniowsky vs. Poland), para 182 et seq.
Please read:
- European Court of Human Rights, Judgment of 2011/07/21, no. 32181/04 and 35122/05 (Sigma Radio Television Ltd vs. Cyprus), para 162 et seq.
- Recommendation No R(80)2 concerning the Exercise of Discretionary Powers by Administrative Authorities
- European Court of Human Rights, Judgment of 2016/04/21, no. 46588/15 (case of Ivanova and Cherkezov v. Bulgaria), para 49 et seq.
§ 6 Legal Certainty and Protection of Legitimate Exception
Please read:
- European Court of Human Rights, Judgment 2009/09/15, no. 10373/05 (Moskal vs. Poland), para 44, 64, 82 et seq.
- European Court of Human Rigths, judgement of 2003/06/24, application no. 44277/98 [Stretch vs. UK], para 37 et seq
§ 7 Administrative Procedure and Individual Rights
Please read:
- European Court of Human Rights, Judgement of 2007/04/05, no. 18147/02 (Church of Scientology Moscow vs. Russia)
- Recommendation CM/Rec(2007)7 of the Committee of Ministers to member states on good administration
- Resolution (77)31 on the Protection of the Individual in Relation to the Acts of Administrative Authorities
- Recommendation No R(87)16 on administrative procedures affecting a large number of persons
- The contribution of the Council of Europe to reinforcing the position of the individual in administrative proceedings (by Mr P. Leuprecht, Director of Human Rights, 1985)
Please have a look at:
Please read:
§ 9 Public undertakings, local services, planning of infrastuctures
Please read
- European Court of Human Rights, Judgement of 2014/09/04, no. 42488/02 (Dzemyuk vs. Ukraine)
- European Court of Human Rights, Decision of 2014/06/10, no. 25330/10 (Eckenbrecht and Ruhmer vs. Germany)
- Recommendation No R(93)7 on privatisation of public undertakings and activities
- Recommendation No R(97)7 on Local public services and the rights of their users
§ 10 Administrative Sanctions
Please read:
§ 11 Freedom of Information and Data Protection
Please read:
- European Court of Human Rights, Decision of 2015/01/06, no. 70287/11 (Weber vs. Germany)
- European Court of Human Rights, Judgement of 2016/11/2016 (Magyar Helsinki Bizottság v. Hungary)
- Recommendation No R(81)19 on the access to information held by public authorities
- Recommendation No R(91)10 on the communication to third parties of personal data held by public bodies
- Council of Europe Convention on Access to Official Documents
- Decision of the European Ombudsman adopting implementing rules concerning the tasks, duties and powers of the Data Protection Officer
§ 12 The Ombudsman
Please read: