Creating Good Administration by Persuasion: A Case Study of the Recommendations of the Committee of Ministers of the Council of Europe

This contextual paper tackles a rather under-researched topic of Council of Europe’s possible impact on national administrative law. It seeks to examine how one of its instruments – Recommendations of the Committee of Ministers of the Council of Europe – can influence national standards of administr...

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Main Author: Agnė Andrijauskaitė
Format: Article
Language:English
Published: University of Ljubljana Press (Založba Univerze v Ljubljani) 2017-11-01
Series:Central European Public Administration Review
Subjects:
Online Access:https://journals.uni-lj.si/CEPAR/article/view/20479
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author Agnė Andrijauskaitė
author_facet Agnė Andrijauskaitė
author_sort Agnė Andrijauskaitė
collection DOAJ
description This contextual paper tackles a rather under-researched topic of Council of Europe’s possible impact on national administrative law. It seeks to examine how one of its instruments – Recommendations of the Committee of Ministers of the Council of Europe – can influence national standards of administrative law and provide a systematic assessment of the diverse functions and manifestations such instruments might have in a national legal order. For these purposes, the constitutional basis of these recommendations and their main features are examined followed by a subsequent analysis of the perceived importance and various functions and implications they might have in the chosen national legal system. This paper concludes that the scope of the functions and implications these instruments are capable of having to national administrative law is wide, yet it is not without limitations.
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publisher University of Ljubljana Press (Založba Univerze v Ljubljani)
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spelling doaj-art-95ca52a8c93145ef8d2daf3c56cb57ed2025-01-22T10:51:49ZengUniversity of Ljubljana Press (Založba Univerze v Ljubljani)Central European Public Administration Review2591-22402591-22592017-11-01153-410.17573/ipar.2017.3-4.02Creating Good Administration by Persuasion: A Case Study of the Recommendations of the Committee of Ministers of the Council of EuropeAgnė Andrijauskaitė0German University of Administrative Sciences Speyer, Germany, Vilnius University, LithuaniaThis contextual paper tackles a rather under-researched topic of Council of Europe’s possible impact on national administrative law. It seeks to examine how one of its instruments – Recommendations of the Committee of Ministers of the Council of Europe – can influence national standards of administrative law and provide a systematic assessment of the diverse functions and manifestations such instruments might have in a national legal order. For these purposes, the constitutional basis of these recommendations and their main features are examined followed by a subsequent analysis of the perceived importance and various functions and implications they might have in the chosen national legal system. This paper concludes that the scope of the functions and implications these instruments are capable of having to national administrative law is wide, yet it is not without limitations.https://journals.uni-lj.si/CEPAR/article/view/20479Council of EuropeEuropean administrative lawrecommendations of the Committee of Ministers of the Council of Europepan-European principle of good administrationEuropean Administrative Space
spellingShingle Agnė Andrijauskaitė
Creating Good Administration by Persuasion: A Case Study of the Recommendations of the Committee of Ministers of the Council of Europe
Central European Public Administration Review
Council of Europe
European administrative law
recommendations of the Committee of Ministers of the Council of Europe
pan-European principle of good administration
European Administrative Space
title Creating Good Administration by Persuasion: A Case Study of the Recommendations of the Committee of Ministers of the Council of Europe
title_full Creating Good Administration by Persuasion: A Case Study of the Recommendations of the Committee of Ministers of the Council of Europe
title_fullStr Creating Good Administration by Persuasion: A Case Study of the Recommendations of the Committee of Ministers of the Council of Europe
title_full_unstemmed Creating Good Administration by Persuasion: A Case Study of the Recommendations of the Committee of Ministers of the Council of Europe
title_short Creating Good Administration by Persuasion: A Case Study of the Recommendations of the Committee of Ministers of the Council of Europe
title_sort creating good administration by persuasion a case study of the recommendations of the committee of ministers of the council of europe
topic Council of Europe
European administrative law
recommendations of the Committee of Ministers of the Council of Europe
pan-European principle of good administration
European Administrative Space
url https://journals.uni-lj.si/CEPAR/article/view/20479
work_keys_str_mv AT agneandrijauskaite creatinggoodadministrationbypersuasionacasestudyoftherecommendationsofthecommitteeofministersofthecouncilofeurope