Thesis-Anne-Vos-Masters-SBR-and-EU-Law-3

in environmental decision-making (democracy), which principle will be discussed in the next
paragraph. Also, it facilitates control on the public authorities when making environmental policies
and decisions (political and administrative accountability). Moreover (with regard to the second
level) it creates procedural fairness and equality of arms between the public authorities and the
(mostly) environmental NGO's. 266
5.3.2 Dutch level
The first general principles (mainly) developed by the Dutch highest administrative court were the
general principles of proper administration (algemene beginselen van behoorlijk bestuur). These
principles were used by the courts to interpret vague norms or legislation which resulted from the
appointment of broad discretionary powers to national administrations. In the meantime, most of
these principles have been codified in the Algemene wet bestuursrecht in 1994. However, not all of
them have been codified, so the unwritten law is still of relevance. 267 These principles are very
important for grounds of review, grounds for nullification and as a legal standard for government
action. Recently, other general principles have started to develop. These are the general principles
of good administration (algemene beginselen van goed bestuur). Addink distinguishes six general
principles of good administration: proper administration, transparency, participation, efficiency,
accountability and human rights. 268 These principles are in the Netherlands not as far developed as
in other MS or the EU. 269 According to Addink, it seems that the Dutch administrative courts are
more focussed on the (better known) principles of proper administration, whereby the development
of the principles of good administration are somewhat 'left behind'. Also, when paying attention to
the principles, the court mostly considers them individually instead of as the general concept of
'good administration'. 270
The administration itself has to comply with the (written and unwritten) principles of proper and
good administration. From the point of view of clarity and uniformity, some administrations have
decided to develop and publish policies for which they can be held accountable (according to Art.
4:84 Awb). 271 There are also Codes developed by other institutions. Administrations are bound to
apply these when they act and they can also be held accountable for it. The Ministry of the Interior
and Kingdom Relations has developed the Code Good Administration in 2009. 272 Here, they
distinguish seven principles which differ from those of Addink but which again include the principle
of transparency ('openness and integrity'). Other institutions, such as the Netherlands Court of
Audit (Algemene Rekenkamer) already since 2004, have paid attention to the principles of good
administration on their own.
On EU level, there are also two Codes of Good Administrative Behaviour, one developed by the
Union (originally developed by the EU Ombudsman, as mentioned in the previous paragraph) and
one developed by the Council of Europe. The first code is developed for the Union institutions,
while the second code is aimed at the national institutions. 273 The latter is, with regard to the
transparency principle, more comprehensive than the code of the Ombudsman. The Codes are
both more comprehensive than the Dutch development of the principles of proper and good
administration. The right to a good administration by EU institutions is even codified in Article 41
CFR, which is made binding with the Lisbon Treaty. Article 43 CFR even gives the right to
complaint about maladministration by the Union institutions to the European Ombudsman.
266
Prechal & De Leeuwen (2008), p. 215.
267
Addink (2008), p. 7.
268
Addink (2010), p. 28.
269
Addink (2008), p. 9.
270
Addink (2012), p. 643.
271
For example the Code Good Administration in primary education (2010); or the Code Good Administration for public
broadcasting (2012).
272
Drahmann (2009), p. 21; Ministerie van BZK, Nederlandse code voor goed openbaar bestuur; Beginselen van
deugdelijk overheidsbestuur, June 2009.
273
Addink (2008), pp. 16-17.
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