PRAVO NA DOBRU UPRAVU KAO SUBJEKTIVNO JAVNO PRAVO

Abstract

The right to good administration is a modern legal standard that is increasingly taking its place in administrative law, and is particularly normatively confirmed by Article 41 of the Charter of Fundamental Rights of the European Union. This right includes a set of procedural guarantees. In the paper, the authors examine whether the right to good administration has the character of an independent subjective public right or is a set of Erveden procedural principles already contained in the existing norms of administrative procedure. The analysis includes the theoretical development of the concept, its normative content in the law of the European Union, as well as the possibilities of its application and affirmation in the practice of the Court of Justice of the European Union. The right to good administration today takes on the character of a subjective public right and therefore represents a mechanism by which the basic idea and principle on which the European Union rests is reached today, which is the rule of law. The goal of the paper is to indicate that the right to good administration has grown from a political-programmatic principle into a legally binding standard. The authors conclude that its full affirmation depends on consistent judicial application and clear normative recognition in national legislation. This contributes to strengthening the protection of subjective public rights and improving the rule of law in modern administration.