Maladministration and inappropriate administrative behaviour: how to prevent violations and restore violated rights?

Today we’re discussing the recommendations developed by the EU experts aimed at improving the existing or employing new instruments for restoring violated rights.

Ombudspersons across Europe are increasingly tasked with providing not only an independent assessment of the quality of administration but also a stimulus for its improvement. The newly developed Code of good administrative behaviour serves several purposes. The Ombudsman uses the Code in examining whether there is maladministration, thereby relying on its provisions for his control function. For public administration bodies and officials, it is a useful guide and a resource, encouraging the highest standards of administration. For society, it is a source of information to the public on the standards of conduct that they have a right to expect in their dealings with the administration.

Code of good administrative behaviour is one of 8 documents discussed today at the Round table by EU experts, representatives of the Secretariat of the Ukrainian Parliament Commissioner for human rights, Ukrainian Parliament, Governmental institutions and NGOs:

  • Code of good administrative behaviour
  • Recommendations regarding the amendments to the Law on access to public information in order to ensure effective and easy access to public information
  • Recommendations based on the best EU practices regarding State liability for damage caused by public administration
  • New instruments to restore violated rights – amicus curiae and defence of public interests
  • Recommendations on the application of the instrument of positive actions in the areas of antidiscrimination, data protection and access to public information
  • Mediation, conflict settlement and peace agreement as the instruments to restore violated rights
  • Recommendations on informational tools for the stakeholders supporting proper implementation of the legislation in the field of access to public information
  • Recommendations regarding the problematic issues in the area of access to public information in public procurement

Recommendations are available at our web-page (Library / Studies and recommendations / Activity 2.3.4): http://www.twinning-ombudsman.org/library/studies-recommendatio/