A CONFIGURAÇÃO INOVADORA DO PRINCÍPIO DA BOA ADMINISTRAÇÃO ENTRE PRIVADOS E AUTORIDADES PÚBLICAS NA UNIÃO EUROPÉIA

The right to good administration is one of the fundamental rights of the person, guaranteed with article 41 of the Charter of Fundamental Rights of the European Union, which became legally binding with the entering into force in 2009 of the Lisbon Treaty. This right, as defined in the Charter, applies to the relationship between citizens and administrative authorities and includes several rights: impartiality and fairness; acting within a reasonable time; right to be heard, before any individual measure which would affect him or her adversely is taken; right to access to documents, while respecting the legitimate interests of confidentiality and of professional and business secrecy; the obligation of the administration to give reasons for its decisions; right to make good any damage caused by institutions or by servants of the European Union in the performance of their duties, in accordance with the general principles common to the laws of the Member States; right to communicate to the institutions of the Union in one of the languages of the Treaties. All these aspects of the right to good administration will be analyzed also with a view to ascertain their implications on the European and Italian legal order.