The last decade has seen an evisceration of the once-dominant democratic legal concept of "public interest." Its place is being steadily usurped by a problematic "compensation culture" which, in an ostensible effort to protect the individual, is wreaking havoc with the principles of responsibility and liability that underlie the rule of law, especially in the commercial context. Nowhere is this troubling development more evident than in the jurisprudence surrounding Article 288(2)EC, which has grown from a measure of sanction against the Community Institutions for maladministration into a...
The last decade has seen an evisceration of the once-dominant democratic legal concept of "public interest." Its place is being steadily usurped by a ...
Among the rights conferred on the citizens of Europe by the Charter of Fundamental Rights and Freedoms is the right to and#8216;good administration.and#8217; It is anticipated that the new Reform Constitutional Treaty will operate to make the Charter and its rights legally binding. This is the first time that any legal system has proclaimed such a right and then sought to constitutionalise it. Whether the right to good administration under the Charter represents a new right, and, if such a right exists, whether it varies according to whether the executive is mandated to control or...
Among the rights conferred on the citizens of Europe by the Charter of Fundamental Rights and Freedoms is the right to and#8216;good adminis...
