the right to good administration

  • Problems with Right to Good Administration in the Context of New Solutions – Multi Level Governance

    Author: Agnieszka Lipska-Sondecka
    Institution: University of Humanities in Koszalin (Poland)
    Year of publication: 2015
    Source: Show
    Pages: 193-203
    DOI Address:
    PDF: ppsy/44/ppsy2015014.pdf

    Administration is a very important mechanism for implementing tasks of the state, which consists of various types of bodies and institutions. As a collection of mechanisms it is responsible for the practical implementation of the functions of the state. This means that the way the administration is organized, especially its functioning, affects the quality of the performed tasks and translates into the image of the state in the eyes of the citizens. Dysfunctional administrative apparatus of the state is unable to solve problems and social needs, satisfy the aspirations and can even inhibit the development of civilization and culture of entire societies. In modern democracies, the administration carries out not only those tasks that are part of the classic catalog of its functions, but also fulfills the additional responsibilities of membership in supra and international structures that shape the contemporary social order. Such various range of tasks clearly shows that the meaning of the administration existence is undertaking relevant organizational, managerial and planning actions. Administrative apparatus is to be helpful in solving social problems and to serve the public – Lat. administrare. In the context of the changes and transformations of contemporary states and societies that are taking place under the influence of various factors (globalization, regionalization, integration processes, economic crises, armed conflicts), the right to good administration begins to be an issue of a particular importance. Nowadays, it is not only a fundamental right of every citizen and the principle of European administrative law, but, above all, it becomes a condition for efficient satisfaction of still growing needs and aspirations of individuals, social groups and whole societies. 

  • A postulate of “good administration” in the Constitution of the Republic of Poland of 2 April 1997

    Author: Krzysztof Eckhardt
    Institution: School of Law and Administration in Rzeszów
    Year of publication: 2015
    Source: Show
    Pages: 39-51
    DOI Address:
    PDF: ppk/28/ppk2802.pdf

    The Constitution of the Republic of Poland of 2 April 1997, similarly as constitutions of some other contemporary states, expresses a postulate of “good administration”. It can be perceived both in the preamble as in many detailed provisions of the fundamental act, regulating particular institutions related to the legal system. The article describes frames of organisation and functioning of good administration determined by the Constitution and adduces opinions of the doctrine on the subject of the notion and features of good administration. A carried out analysis leads to a conclusion that the Legislator expressed the postulate of good administration in a sufficiently unambiguous way, however an unambiguous constitutionalisation of the right to good administration is required.

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