
Contents
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I. Introduction I. Introduction
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II. Reception of Pan-European General Principles of Good Administration through Ratifying CoE Conventions II. Reception of Pan-European General Principles of Good Administration through Ratifying CoE Conventions
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1. The Status of CoE Conventions in the Domestic Legal Order 1. The Status of CoE Conventions in the Domestic Legal Order
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2. The Impact of the European Charter of Local Self-Government 2. The Impact of the European Charter of Local Self-Government
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3. The Impact of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data 3. The Impact of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data
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III. Reception of Pan-European General Principles of Good Administration through the National Legislator III. Reception of Pan-European General Principles of Good Administration through the National Legislator
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IV. Reception of Pan-European General Principles of Good Administration through Application of the ECHR IV. Reception of Pan-European General Principles of Good Administration through Application of the ECHR
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1. The Status of the ECHR in the Domestic Legal Order 1. The Status of the ECHR in the Domestic Legal Order
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2. Cases against Portugal before the ECHR and their Impact on Portuguese Legislation 2. Cases against Portugal before the ECHR and their Impact on Portuguese Legislation
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3. Portuguese Courts and the Case Law of the ECtHR on ‘Principles of Good Governance’ 3. Portuguese Courts and the Case Law of the ECtHR on ‘Principles of Good Governance’
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4. Portuguese Ombudsperson and Other Independent Bodies and the Case Law of the ECtHR on ‘Principles of Good Governance’ 4. Portuguese Ombudsperson and Other Independent Bodies and the Case Law of the ECtHR on ‘Principles of Good Governance’
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V. Direct Application of Pan-European General Principles of Good Administration ‘faute de mieux’ V. Direct Application of Pan-European General Principles of Good Administration ‘faute de mieux’
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VI. Reception of Pan-European General Principles of Good Administration through Promulgation of ‘Codes of Good Administrative Behaviour’ VI. Reception of Pan-European General Principles of Good Administration through Promulgation of ‘Codes of Good Administrative Behaviour’
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VII. Final Assessments VII. Final Assessments
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List of Portuguese Abbreviations Used in this Chapter List of Portuguese Abbreviations Used in this Chapter
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14 The Impact of the ECHR and of Pan-European General Principles of Good Administration on the Administrative Law of Portugal
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Published:September 2020
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Abstract
This chapter explores the impact on Portuguese administrative law of the pan-European principles of good administration developed within the framework of the Council of Europe (CoE). It highlights that ratification of the European Convention on Human Rights has helped to deepen democracy and safeguard the protection of fundamental rights, not only in the direct aftermath of the democratic revolution of 25 April 1974 which brought down the dictatorship of the “Estado Novo” regime but up to today. The chapter further argues that numerous cases at the European Court of Human Rights have resulted in reforms to the Portuguese legal system, especially concerning fair trial requirements. At the same time the influence of other CoE conventions and recommendations remains somewhat limited. The chapter concludes that the overall impact of the pan-European principles of good administration has not been properly studied and, thus, complete evaluation thereof is not possible.
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