The Pan-European General Principles on Administrative Organisation

The pan-European principles of good administration found in the Council of Europe (CoE) legal framework have an organisational dimension. These principles on administrative organisation are the result of some conventions, recommendations of the Committee of Ministers (e.g. Recommendation CM/Rec(2007)7 on good administration) and of ECtHR case law. From this body of law, several general principles emerge, including the ultra vires doctrine, the principles of subsidiarity, transparency, democratic accountability, and good governance. The protection of the rights of the consumers of public goods and of workers is also important. Finally, the recognition by the ECtHR of the emergence from the ECHR of positive duties to the States (procedural and substantive) has consequences in the structure of its’ public administrations. The States party to the ECHR must have an administrative apparatus able to ensure its enforcement. This organizational framework will be presented and analysed.