THE SCOPE OF APPLICATION OF THE CHARTER’S RIGHT TO GOOD ADMINISTRATION OF THE EUROPEAN UNION

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Published: Aug 2, 2020
Keywords:
good administration, Article 41, Charter of Fundamental Rights, EU, fundamental rights

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Irena Cuculoska
Faculty of Law “Iustinianus Primus” - Skopje, Republic of Macedonia

Abstract

Article 41 of the Charter for Fundamental Rights of the EU guarantees the right to good administration as a fundamental right of the EU citizens. It seems from the wording that Article 41 applies only to the institutions, bodies, and agencies of the Union, without mentioning the Member States. This gives it a narrower scope than that given in Article 51.1 concerning the scope of the Charter as a whole. This paper discusses the question of applicability of the right to good administration regarding the implications of Article 41 in this respect. The doubt that stems from this is whether the content of 51.1 prevails or, on the contrary, it must be ignored and taken as reference to the particular provision in Article 41.

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How to Cite
Cuculoska , Irena. 2020. “THE SCOPE OF APPLICATION OF THE CHARTER’S RIGHT TO GOOD ADMINISTRATION OF THE EUROPEAN UNION”. Journal of Liberty and International Affairs 3 (3):20-28. https://www.e-jlia.com/index.php/jlia/article/view/103.
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Vol. 3 No. 3 (2018): Journal of Liberty and International Affairs
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Articles
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This work is licensed under a Creative Commons Attribution 3.0 Unported License.

Author Biography

Irena Cuculoska , Faculty of Law “Iustinianus Primus” - Skopje, Republic of Macedonia

Irena Cuculoska works at the Bureau for Representation of the Republic of Macedonia before the European Court of Human Rights within the Ministry of Justice of the Republic of Macedonia. She is a PhD student on European Union Law at the Faculty of Law “Iustinianus Primus”-Skopje, “Ss Cyril and Methodius University” – Skopje, Macedonia with special focus on the Right to Good Administration of the EU. She holds an LLM in International Law and International Relations. She has finished her law studies at the Faculty of law “Iustinianus Primus”-Skopje, and received the Awards “26 July-Frank Maning” from London and the “24th May certificate” for the best student with highest GRA. She is a member of the Advisory Board of the Institute for Human Rights (IHR)- Macedonia where she worked for five years as a project coordinator and legal researcher. She has also worked at the Macedonian Young Lawyers Association (MYLA) as a Legal Assistant in the asylum department on the project “Legal aid and representation of the person of concern” supported by UNHCR. She worked for three months at the Government Agent’s Office for Representation of Spain before the European Court of Human Rights within the Ministry of Justice of the Kingdom of Spain in Madrid. She is the founder and Vice President of the Club Alpbach Macedonia (2014-2017). She has also realized short-term international research stay at Europa-Institute, at the Saarland University, Germany in 2017. She is the author and co-author of many papers and research analysis. Languages: English, French, and Spanish.