The constitutionalisation of the right to good administration in European Union: new guarantees for the rights´ protection in the administrative procedure?

Abstract

With the entry into force of the Lisbon Treaty, the Charter of Fundamental Rights of the European Union becomes legally binding. Among the rights it contains, art. 41 proclaims the right to good administration, concreted through several rights whose main application takes place in the administrative procedure. This article aims to provide an overview of the evolution and treatment of good administration in the European legal system, and to analyze the impact this constitutionalisation may have on the individuals’ rights in the administrative procedure.