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Effective Administrative Justice – An Independent Right to Good Administration as a Necessary Safeguard for the Rule of Law

Johansson, Elizabeth LU (2025) JURM02 20251
Department of Law
Faculty of Law
Abstract
This thesis examines whether the general principle of the right to good, as enshrined in Article 41 of the Charter of Fundamental Rights of the European Union (CFR), can be considered an independent justiciable right for individuals. The analysis focuses in particular on recent concerns about rule of law backsliding in certain Member States and the resulting limitations on effective judicial protection.

The thesis traces the development of the right to good administration from a general principle to a Charter right and assesses its material, personal, and institutional scope. It further explores how the Court of Justice has interpreted the interaction between the principle and Article 41 CFR, and whether recent case law, including Stevi... (More)
This thesis examines whether the general principle of the right to good, as enshrined in Article 41 of the Charter of Fundamental Rights of the European Union (CFR), can be considered an independent justiciable right for individuals. The analysis focuses in particular on recent concerns about rule of law backsliding in certain Member States and the resulting limitations on effective judicial protection.

The thesis traces the development of the right to good administration from a general principle to a Charter right and assesses its material, personal, and institutional scope. It further explores how the Court of Justice has interpreted the interaction between the principle and Article 41 CFR, and whether recent case law, including Stevi and The New York Times v Commission, supports treating the right as a rule of law conferring subjective individual rights. The conclusion argues that Article 41 CFR has a distinct role in safeguarding effective legal protection, which cannot be replaced or remedied by Article 47 CFR alone. (Less)
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author
Johansson, Elizabeth LU
supervisor
organization
course
JURM02 20251
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
EU law, administrative law, charter of fundamental rights, good administration, article 41, article 47, effective legal protection, effective judicial protection, rule of law, general principle, administrative justice, article 2 TEU, article 19 TEU
language
English
id
9189125
date added to LUP
2025-06-13 14:44:00
date last changed
2025-06-13 14:44:00
@misc{9189125,
  abstract     = {{This thesis examines whether the general principle of the right to good, as enshrined in Article 41 of the Charter of Fundamental Rights of the European Union (CFR), can be considered an independent justiciable right for individuals. The analysis focuses in particular on recent concerns about rule of law backsliding in certain Member States and the resulting limitations on effective judicial protection.

The thesis traces the development of the right to good administration from a general principle to a Charter right and assesses its material, personal, and institutional scope. It further explores how the Court of Justice has interpreted the interaction between the principle and Article 41 CFR, and whether recent case law, including Stevi and The New York Times v Commission, supports treating the right as a rule of law conferring subjective individual rights. The conclusion argues that Article 41 CFR has a distinct role in safeguarding effective legal protection, which cannot be replaced or remedied by Article 47 CFR alone.}},
  author       = {{Johansson, Elizabeth}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Effective Administrative Justice – An Independent Right to Good Administration as a Necessary Safeguard for the Rule of Law}},
  year         = {{2025}},
}