This document discusses principles of public administration and the right to good administration. It is a joint initiative of the OECD and EU, principally financed by the EU. The document outlines the history and development of principles of public administration. It discusses key changes between the 2014 and 2023 versions of the principles. It also discusses the difference between rights and principles in public administration. Finally, it examines principles related to user-centric service design and delivery and ensuring streamlined, high-quality, and accessible administrative services.

1. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU.
1
Gregor Virant and Jose Diaz, SIGMA
SERVICE DESIGN AND DELIVERY IN A DIGITAL AGE
Academies for EaP countries
Principles of good
administration and right
to good administration

2. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU. Table of contents
1 Principles of Public Administration 3
2 The right to Good Administration 7
3 Principles of PA in service design and delivery 15

3. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU.
3
1. Principles of Public
Administration

4. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU. What are the Principles of Public Administration?
4
 A framework of standards defining good public administration in the EU context.
 Designed for the purposes of EU Enlargement and Neighbourhood policy but
applicable more universally.
 Derived from formal EU acquis (where it exists), EU and OECD requirements,
international standards, good practices of the EU and OECD Member States.
 A policy and monitoring/measurement framework.
 Regular SIGMA assessments with recommendations informing both governments
and EC
 Potential to be used for other countries and purposes.

5. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU. A brief history
5
European
Principles for
Public
Administration
– “European
Administrative
Space” - SIGMA
paper 27
1999
EU Charter of
Fundamental
Rights - "Right
to good
administration"
2000
EU Enlargement
Strategy has
PAR as part of
“fundamentals
first”
2014
Principles of
Public
Administration
for EU
candidate
countries and
potential
candidates
2014
Principles of
Public
Administration
for European
Neighbourhood
Policy countries
2016
Revised
Principles of
Public
Administration
2023

6. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU. Principles of Public Administration 2023 vs. 2014 - Key changes
6
 Updated in line with new international standards, new realities and implementation
experience (innovation, digitalisation, green, whistle blowing, open data, flexible work
arrangement etc.)
 Focus not just on the accession context but also define what the EU values for good
public administration are.
 Less prescriptive, more value-based and results-focused.
 Horizontal prerequisites (legislation, institutions, human capacities, culture, outcomes…)
are articulated in introduction and will be reflected in the measurement framework.
 One framework for IPA and ENI, more universal in character.
 Multi-level governance included as Principles and mainstreamed throughout.
 Easier to understand, better balance across whole framework.
 Updated, improved, but not revolutionized and still recognizable.

7. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU. Structure
7
293 Sub-
principles
33 Principles
6 thematic areas of
Public Administration
290-300 sub-
indicators
(1000 criteria)
30-40
composite
indicators
6 area averages (high-
level indicators)
Policy
framework -
under
consultation
Measurement
framework -
under
construction

8. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU. Thematic areas
8

9. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU.
9
2. The Right to Good
Administration

10. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU.
10
Is there a difference between Rights and Principles?
(Subjective) Rights Principles
Should be respected (art. 51.1 CFREU) Should be observed (and promoted the
application) (art. 51.1 CFREU)
Can be claimed directly into the courts They have limited justiciability, they do
not give rise to direct claims before courts
for positive action by the Union’s
institutions or Member State authorities
(CJEU, C-176/12, Association de médiation sociale v.
Union locale des syndicats CGT and Others [GC],
15 January 2014.)
Establish a freedom or an entitlement Set a policy objective
e.g. Article 16
Freedom to conduct a business
The freedom to conduct a business in accordance
with Union law and national laws and practices is
recognized.
e.g. Article 38. Consumer protection
Union policies shall ensure a high level of consumer
protection.

11. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU.
11
Is there a difference between Rights and Principles?
However, … Reality is more complex
 The Charter does not distinguish systematically between rights and principles, as some
constitutions do (e.g. Spanish Constitution 1978).
 Welfare State Rights (e.g. art. 25 the right of the elderly to lead a life of dignity and
independence) cannot be invoked directly to ask for Union or State concrete direct action).
 Principles can be used in Court in connection to rights (e.g. principle of consumer protection
can be invoked with Article 3 of the Charter on physical integrity).
 Principles might evolve and become a subjective right through the development of the case
law.

12. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU.
12
Source: Toggenburg, G. N. (2021) http://www.era-comm.eu/charter_of_fundamental_rights/kiosk/pdf/speakers_contributions/Speakers_online_421DT36e.pdf

13. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU. SIGMA Principle 19
13
The right to good administration is upheld through administrative procedure, judicial
review and public liability
Main sources:
• Art 41 CFRUE: Right to good administration
• Art. 47 CFRUE: Right to an effective remedy and to a fair trial
• Art. 6 ECHR: Right to a fair trial
• Art. 13 ECHR: Right to an effective remedy (fundamental rights)
• Art. 8 UDHR: Right to an effective remedy (fundamental rights)
+ Constitutional & Administrative Law traditions of Member States (European Admin. Space)

14. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU. SIGMA Principle 19
14
The right to good administration is upheld through administrative procedure, judicial
review and public liability
Main elements of SIGMA P19:
1. Admin. procedures are conducted in line with certain principles.
2. Procedural guarantees
3. Monitoring and improving
4. Administrative Justice and right to compensation

15. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU. SIGMA Principle 19
15
1. Principles of the Administrative Procedures
a. Administrative procedures are conducted in line with principles of:
1. Legality: Public authorities should decide according to the rules laid down, and to the
interpretative criteria produced by the courts, disregarding any other consideration.
• Legal competence. Public authorities can only decide on matters for which they have
legal jurisdiction.
2. Lawful exercise of discretion: Administrative discretion is necessary, as the Law cannot
foresee all future eventualities. However, discretion has to be exercised accorded to
certain principles:
1. good faith, equal treatment, pursue the public interest, proportionality, predefined
criteria and procedures, etc.
3. Legal certainty and predictability: the public administration should follow constant
criteria interpreting the law, being bonded by Court’s interpretation and by previous
administrative decisions and only changing criteria due to justified reasons.
4. Equality: public administration should treat equally all persons in similar circumstances.
5. Impartiality: public administration should act without any bias
6. Proportionality: administrative action should not deprive citizens of more than is
strictly necessary for achieving the end established by the law.

16. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU. SIGMA Principle 19
16
2. Procedural guarantees
• Right to be heard
• Right to access the files of the proceeding.
• Right to receive justified administrative decisions
• Admin. Appeals (if they exist) provide the an effective legal remedy
• Provides restoration of harm
• Provides dissuasion of future violations
• Procedural aspects (legitimacy, timeliness, access, interim
measures…)
3. Monitoring and improving
• Government monitors the functioning of individual types of administrative
procedures, the results of internal administrative appeals as well as judicial
appeals and, if needed, addresses any challenges related to the
efficiency, effectiveness and lawfulness of the administration.

17. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU. SIGMA Principle 19
17
4. Administrative justice (effective remedy in front of a Court)
• Individuals and legal persons have effective access to an independent court to challenge
lawfulness of administrative acts and actions, and obtain effective protection of their rights
in a timely manner.
• Institutional elements: to guarantee independence and impartiality of the tribunal
• Procedural elements: to guarantee the fairness of the procedure (equality of parties,
right to be heard, etc…)
• The administrative judiciary has the mandate and resources to ensure efficient delivery of
quality decisions, which are effectively executed.
• Damages from wrongdoing by holders of public authority are redressed and fairly
compensated to individuals and legal persons.
• Public administration analyses the causes of compensation payments and takes action to
learn from mistakes to avoid or minimise similar errors in the future.

18. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU.
18
3. Principles of Good
Administration in
service design and
delivery

19. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU.
Traditional NPM & TQM
models originally
focused on high quality
service provision
(Implementation +
Aspects in Control of the
Organization)- More
Micro-Level.
Are we doing things right?
Traditional Good
Governance frameworks
originally focused on
decision-making
processes (transparency,
accountability, etc.) and
outcomes (quality of life)
–More Macro-Level.
Are we deciding right?
Are we doing the right things?

20. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU.
But…
… can we have High Quality Services with bad Decision-
Making Processes?
… can we have Good Decisions & Good Outcomes with
Bad Service Provision?

21. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU.
Excellent public services are not only those of good
quality (surpassing citizens expectations).
but also
those designed and delivered respecting a set of good
governance principles (transparency, participation,
equality, etc.)

22. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU.
But modern Excellent
Models (e.g. EFQM
2013, 2019, CAF
2013, 2020) focus
more on outcomes
& decision making
processes.
And recent
Governance models
focus more on
effective and
efficient
implementation of
policies
Are we deciding/doing the right things right?

23. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU.

24. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU. Sigma. Principle 21
24
Users are at the centre of administrative services design and delivery.
a. The government establishes and co-ordinates a whole-of-government policy to improve public administrative service design and
delivery continuously, based on evolving user needs.
b. The public administration uses one or several recognised quality management tools to systematically assure and improve the
quality of services.
c. The public administration engages users to understand their needs, expectations and experiences, and to involve them actively
in the (re)design of public administrative services (co-creation).
d. The government conducts regular reviews of existing administrative procedures to simplify and improve services, reducing
the cost, time and physical presence needed.
e. When designing and implementing new policies and services, the government assesses and controls that administrative
burdens and costs are not being created.
f. The government establishes standards, defines them with users, communicates them to users, and regularly updates them to
reflect changing circumstances and expectations.
g. The public administration regularly monitors service quality against delivery standards and other metrics, to learn lessons and
improve service design and delivery.
 User centricity
 Streamlined, quality services
 Accessibility

25. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU. Principle 22
25
Streamlined and high-quality services are delivered to users.
a. The public administration ensures service design is streamlined for the maximum
convenience of the service user.
b. The public administration organises and offers public services in the form of ‘life events’.
c. The public administration provides pro-active public administrative services, whereby it
uses prediction and automation to offer services where appropriate.
d. The right of the user to provide the public administration with information and documents
only once, in response to requests, is established by law, and applied consistently
throughout the public administration.
 User centricity
 Streamlined, quality services
 Accessibility

26. A
joint
initiative
of
the
OECD
and
the
EU,
principally
financed
by
the
EU. Principle 23
26
Administrative services are easily accessible online and offline to all users, taking into account different needs.
a. The public administration applies omni-channel service delivery, combining online and (digitally-assisted) offline
channels, so users have a seamless user journey with the possibility to interact digitally with any part of
administration, if desired.
b. The government ensures physical access to high-quality public services for all potential users through one-stop
shops within a reasonable distance, through collaboration and co-ordination across and within levels of government.
c. The public administration takes account of the diverse needs of different user groups in delivering services
(including with respect to physical and intellectual ability, digital skills, language, etc.), and ensures there are no
barriers to service access.
d. The public administration ensures that users can easily find their preferred channels and access to information
about their rights, obligations, services and the institutions providing them.
e. In their communications (websites, leaflets, forms, etc.) and in the context of administrative decisions, public
administrations use plain, easy-to-understand and concise language, which conveys all relevant information, in
a manner that is appropriate to service users’ diverse circumstances (minority languages according to the law, visual
and hearing impairments, etc.).
 User centricity
 Streamlined, quality services
 Accessibility