Traduction de «Droit à une bonne administration » (Français → Anglais) :

Recalls that, under Articles 1(c) and 15(1) of Regulation (EC) No 1049/2001, the institutions are required to ‘promote good administrative practises on access to documents’ and to ‘develop good administrative practices in order to facilitate the exercise of the rights guaranteed by (the) Regulation’; stresses that transparency is closely connected with the right to good administration, as referred to in Article 298 TFEU and Article 41 of the Charter of Fundamental Rights, and reiterates its call for the adoption of a regulation on th ...[+++]e administrative procedure of the EU’s own administration

If the answer to questions 10 and 12 is that the tax authority of the Member State may use such evidence in the administrative procedure, is the tax authority of the Member State required, in order to guarantee the effectiveness of the right to good administration and the rights of the defence pursuant to Articles 7, 8, 41 and 48 of the Charter, in conjunction with Article 51(1) of the Charter, to hear the taxable person in the course of the administrative procedure, to guarantee him access to the conclusions suggested by the information obtained without his knowledge and to respect the purpose for which the data appearing in the evidenc ...[+++]e were obtained, or, in that context, does the fact that the information collected without the knowledge of the person concerned is intended solely for an investigation of a criminal nature prevent from the outset the use of such evidence?

The Court established a link between Article 41 (good administration) and Article 47 (access to justice) of the Charter, insofar as the reasons given by the administration are necessary for the person concerned to decide whether to challenge the decision before the relevant courts.

Third, that the Council decision and the Council Regulations amount to a breach of the applicant’s fundamental rights as protected by the EU Charter of Fundamental Rights and/or the European Convention of human Rights including the applicant’s right to human dignity, right to a good administration, right to an effective remedy and a fair trial, right to be presumed innocent and rights of defence, right to respect for his private and family life, home and communications, freedom to conduct a business, and his right to property.

Reaffirms that the Charter has the same legal value as the Treaties and represents the most modern codification of fundamental rights, offering a good balance between rights and solidarity and encompassing civil, political, economic, social and cultural rights as well as ‘third generation’ rights (i.e. the rights to good administration, freedom of information, a healthy environment and consumer protection); considers that the EU should develop a regulatory framework to protect against fundamental rights abuses by businesses;

This chapter of the Charter also includes the right of access to documents (Article 42), which appears in Article 255 of the Treaty, and, in recognition of the ever increasing importance of fair administrative procedures in safeguarding personal rights and interests, the right to good administration (Article 41). This is an innovation introduced by the Charter, which draws on the principles laid down in this area by a considerable body of Court of Justice case law.