10 Amendments of Paulo RANGEL related to 2012/2024(INI)
Amendment 4 #
Draft opinion
Section 1 – Recital C
Section 1 – Recital C
C. whereas Article 41 of the Charter of Fundamental Rights of the European Union, which recognises the right to good administration as a fundamental right of the citizens, became legally binding under Article 6(1) of the Treaty on European Union;
Amendment 7 #
Draft opinion
Section 1 – Recital C a (new)
Section 1 – Recital C a (new)
Ca. whereas Article 298 of the Treaty on the Functioning of the European Union provides a suitable legal basis for adoption of an EU Administrative Procedure Law;
Amendment 14 #
Draft opinion
Section 1 – paragraph 1
Section 1 – paragraph 1
1. Requests the Commission to submit, on the basis of Article 298 of the Treaty on the Functioning of the European Union, a proposal for a regulation including the basic principles of sound administration and laying down minimum quality standards and procedural guarantees to be respected by all institutions, bodies, offices and agencies of the Union;
Amendment 17 #
Draft opinion
Section 2 – paragraph 2
Section 2 – paragraph 2
2. The Regulation should establish a guarantee and lay down more detailed procedural rules in order to ensure respect of the fundamental principles of good administration, namely the principles of lawfulness and, legal certainty, proportionality, impartiality and fairness, legitimate expectations and equality;
Amendment 19 #
Draft opinion
Section 2 – paragraph 2 a (new)
Section 2 – paragraph 2 a (new)
2a. Given that the duty of the administration to act in the public interest for it is legally responsible is a basic tenet of administrative activity, this principle should be incorporated as a specific and separate provision in the regulation to be adopted;
Amendment 20 #
Draft opinion
Section 2 – paragraph 2 b (new)
Section 2 – paragraph 2 b (new)
2b. Given that good faith is now similarly recognised as a basic legal principle and must be regarded as indispensable in creating a climate of confidence and predictability in relations between individuals and the administration, it should accordingly be included as a separate entry in the list of general principles which should govern administrative activity;
Amendment 21 #
Draft opinion
Section 2 – paragraph 2 c (new)
Section 2 – paragraph 2 c (new)
2c. The principle of acting in the public interest and the principle of good faith should therefore be included among the general principles of good administration;
Amendment 22 #
Draft opinion
Section 2 – paragraph 3
Section 2 – paragraph 3
3. The administration of the European Union should be guided by the service principle which means that the administration should act in the spirit of service to citizens, for example by providing citizens with the advice they need and responding to their questions, stating in writing reasons for the decisions adopted and giving an indicationinforming them of the remedies available to all persons concernedthem;
Amendment 25 #
Draft opinion
Section 2 – paragraph 7 a (new)
Section 2 – paragraph 7 a (new)
7a. The regulation must include provisions guaranteeing adequate protection for third parties holding legally protected rights or interests which might be affected by the decision to be adopted under the administrative procedure;
Amendment 26 #
Draft opinion
Section 2 – paragraph 7 b (new)
Section 2 – paragraph 7 b (new)
7b. In order to encourage the extrajudicial resolution of disputes, procedures should be laid down for administrative appeal against decisions adopted by Union institutions, bodies, services and agencies;