Project Group on Administrative Law (CJ-DA)

The Project Group on Administrative Law (CJ-DA), set up under the authority of the European Committee on Legal Co-operation (CDCJ), was responsible for Council of Europe activities in the field of administrative law upto 2008. It was supported by a Project Group (CJ-DA-GT).

CJ-DA and CJ-DA-GT carried out work on the following topics:

  • Good administration
  • 6 meetings over 2004-2006 (29 September-1 October and 8-10 December 2004; 14-16 November and 14-16 December 2005 ; 5-7 April and 10-12 July 2006) to prepare the draft recommendation on good administration (CM/Rec(2007)7).
  • Judicial review of administrative acts
  • 3 meetings in 2003 (10-12 March, 10-12 June and 3-5 November) to complete the preparation of the draft recommendation on judicial review of administrative acts (Rec(2004)20).
  • Execution of decisions in the field of administrative law
  • 3 meetings over 2001-2002 (19-21 March and 4-5 October 2001, and 27 February-1 March 2002) to complete the preparation of the draft recommendation on execution of administrative and court decisions in the field of administrative law (Rec(2003)16).
  • Alternatives to litigation between administrative authorities and private parties
  • 3 meetings over 1999-2000 (12 April 1999 and 8-10 November 1999; 10-12 April and 3-5 July 2000) to complete the preparation of the draft recommendation on alternatives to litigation between administrative authorities and private parties (Rec(2001)9).
  • Status of public officials in Europe
  • 2 meetings in 1998 (3-5 June and 23-25 September) to complete the preparation of the draft recommendation on the status of public officials in Europe (No. R (2000) 6).
  • Tax matters
  • A Protocol amending (CETS No. 208) the Convention on Mutual Administrative Assistance in Tax Matters of 1988 (CETS No. 127) was prepared jointly by the Council of Europe and the Co-ordinating body of the Organization for Economic Co-operation and Development (OECD), through meetings of an Ad hoc Committee for the revision of the Convention on Mutual Administrative Assistance in Tax Matters (CAHTAX).

All the legal instruments aforementioned were approved by CDCJ before their submission to the Committee of Ministers for adoption.

Expert studies or reports commissioned by CJ-DA formed the basis of its work, such as on effective administrative review available to individuals in particular those claiming a breach of the European Convention on Human Rights by an administrative authority, and access for deprived persons, including vulnerable victims, to justice through internal administrative proceedings.

Administrative Law Handbook

The Council of Europe published in 1996 a Handbook entitled “The Administration and You” that the CJ-DA and its drafting group prepared between 1993 and 1996. Seven meetings were necessary to complete its preparation. This handbook sets out principles governing the relations between public authorities and individuals.

In October 2018, a revised version of the Handbook has been published under the same title. This publication updates the principles of administrative law concerning those relations and includes, as an explanation, commentaries supported by references to relevant Council of Europe legal instruments and case-law of the European Court of Human Rights. The handbook can be ordered online.

Colloquies and conferences on administrative law

The Council of Europe also organised a number of cColloquies and cConferences related to administrative law topics, such as:

  • European Conference entitled « In pursuit of good administration », Warsaw (Poland), 29-30 November 2007.
  • European Conference on «Mediation in administrative matters”, Warsaw (Poland), 23-24 April 2007.
  • Conference «Training of civil servants to achieve good administration», Vilnius (Lithuania), 27-28 October 2005.
  • Conference on «Right to Good Administration», Warsaw (Poland), 4-5 December 2003.
  • First Conference of the Presidents of Supreme Administrative Courts in Europe on «The possibility and scope of the judicial control of administrative decisions», Strasbourg (France), 7-8 October 2002.
  • Multilateral Conference on “Alternatives to litigation between administrative authorities and private parties: conciliation, mediation and arbitration ,Lisbon (Portugal), 31 May – 2 June 1999.
  • Multilateral seminar on “Judicial Control of Administrative Acts”, Madrid (Spain), 13-15 November 1996.
  • 2nd Round Table with European Ombudsmen (Strasbourg, 1988).
  • 17th European Law Colloquy on “Secrecy and openness – Individuals, Enterprises and Public Administrations” (Saragossa, 1987).
  • 15th European Law Colloquy on “Judicial power and public liability for judicial acts” (Bordeaux, 1985).
  • 9th European Law Colloquy on “The liability of the State and regional and local Authorities for Damage caused by their Agents or administrative Services" (Madrid, 1979).
  • 7th European Law Colloquy on “Forms of public participation in the preparation of legislative and administrative acts” (Bari, 1977).