eu-charter

EU Charter of Fundamental Rights

Article 41 - Right to good administration

Article 41 - Right to good administration

1. Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union.
2. This right includes:
(a) the right of every person to be heard, before any individual measure which would affect him or her adversely is taken;
(b) the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy;
(c) the obligation of the administration to give reasons for its decisions.
3. Every person has the right to have the Union make good any damage caused by its institutions or by its servants in the performance of their duties, in accordance with the general principles common to the laws of the Member States.4. Every person may write to the institutions of the Union in one of the languages of the Treaties and must have an answer in the same language.

Explanations

  • Text:

    Article 41 is based on the existence of the Union as subject to the rule of law whose characteristics were developed in the case-law which enshrined inter alia good administration as a general principle of law (see inter alia Court of Justice judgment of 31 March 1992 in Case C-255/90 P Burban [1992] ECR I-2253, and Court of First Instance judgments of 18 September 1995 in Case T-167/94 Nölle [1995] ECR II-2589, and 9 July 1999 in Case T-231/97 New Europe Consulting and others [1999] ECR II-2403). The wording for that right in the first two paragraphs results from the case-law (Court of Justice judgment of 15 October 1987 in Case 222/86 Heylens [1987] ECR 4097, paragraph 15 of the grounds, judgment of 18 October 1989 in Case 374/87 Orkem [1989] ECR 3283, judgment of 21 November 1991 in Case C-269/90 TU München [1991] ECR I-5469, and Court of First Instance judgments of 6 December 1994 in Case T-450/93 Lisrestal [1994] ECR II-1177, 18 September 1995 in Case T-167/94 Nölle [1995] ECR II-2589) and the wording regarding the obligation to give reasons comes from Article 296 of the Treaty on the Functioning of the European Union (cf. also the legal base in Article 298 of the Treaty on the Functioning of the European Union for the adoption of legislation in the interest of an open, efficient and independent European administration).

    Paragraph 3 reproduces the right now guaranteed by Article 340 of the Treaty on the Functioning of the European Union.
    Paragraph 4 reproduces the right now guaranteed by Article 20(2)(d) and Article 25 of the Treaty on the Functioning of the European Union. In accordance with Article 52(2) of the Charter, those rights are to be applied under the conditions and within the limits defined by the Treaties.

    The right to an effective remedy, which is an important aspect of this question, is guaranteed in Article 47 of this Charter.

    Source:
    Official Journal of the European Union C 303/17 - 14.12.2007
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    These explanations were originally prepared under the authority of the Praesidium of the Convention which drafted the Charter of Fundamental Rights of the European Union. Although they do not as such have the status of law, they are a valuable tool of interpretation intended to clarify the provisions of the Charter.

Case Law References

National Constitutional Law

28 results found

  • Slovakia / Constitution of the Slovak Republic
    Country:
    Slovakia

    Article 26 (...) (5) Public authority bodies are obliged to provide information on their activities in an appropriate manner and in the State language. The conditions and manner of execution shall be laid down by law.

    Article 46 (...) (2) Anyone who claims to have been deprived of his rights by a decision of a public administration body may turn to the court to have the lawfulness of such decision reexamined, unless laid down by law otherwise. The reexamination of decisions concerning basic rights and freedoms may not, however, be excluded from the court's authority. (3) Everyone is entitled to compensation for damage incurred as a result of an unlawful decision by a court, or another state or public administration body, or as a result of an incorrect official procedure.(4) Conditions and details concerning judicial and other legal protection shall be laid down by law.

  • Slovenia / Constitution of the Republic of Slovenia
    Country:
    Slovenia

    Article 22 Everyone shall be guaranteed equal protection of rights in any proceeding before a court and before other state authorities, local community authorities, and bearers of public authority that decide on his rights, duties, or legal interests.

    Article 26 - Right to Compensation Everyone has the right to compensation for damage caused through unlawful actions in connection with the performance of any function or other activity by a person or body performing such function or activity under state authority, local community authority or as a bearer of public authority.Any person suffering damage has the right to demand, in accordance with the law, compensation also directly from the person or body that has caused damage.

    Article 39 - Freedom of Expression Freedom of expression of thought, freedom of speech and public appearance, of the press and other forms of public communication and expression shall be guaranteed. Everyone may freely collect, receive and disseminate information and opinions.Except in such cases as are provided by law, everyone has the right to obtain information of a public nature in which he has a well founded legal interest under law.

    Article 40 - Right to Correction and Reply The right to correct published information which has damaged a right or interest of an individual, organisation or body shall be guaranteed, as shall be the right to reply to such published information.

  • Suomen perustuslaki
    Country:
    Finland

    17 § Oikeus omaan kieleen ja kulttuuriin (...) Jokaisen oikeus käyttää tuomioistuimessa ja muussa viranomaisessa asiassaan omaa kieltään, joko suomea tai ruotsia, sekä saada toimituskirjansa tällä kielellä turvataan lailla. (...) Saamelaisten oikeudesta käyttää saamen kieltä viranomaisessa säädetään lailla. Viittomakieltä käyttävien sekä vammaisuuden vuoksi tulkitsemis- ja käännösapua tarvitsevien oikeudet turvataan lailla. 21 § Oikeusturva Jokaisella on oikeus saada asiansa käsitellyksi asianmukaisesti ja ilman aiheetonta viivytystä lain mukaan toimivaltaisessa tuomioistuimessa tai muussa viranomaisessa sekä oikeus saada oikeuksiaan ja velvollisuuksiaan koskeva päätös tuomioistuimen tai muun riippumattoman lainkäyttöelimen käsiteltäväksi. Käsittelyn julkisuus sekä oikeus tulla kuulluksi, saada perusteltu päätös ja hakea muutosta samoin kuin muut oikeudenmukaisen oikeudenkäynnin ja hyvän hallinnon takeet turvataan lailla.

  • The Constitution of the Republic of Cyprus
    Country:
    Cyprus

    Article 29
    1. Every person has the right individually or jointly with others to address written requests or complaints to any competent public authority and to have them attended to and decided expeditiously; an immediate notice of any such decision taken duly reasoned shall be given to the person making the request or complaint and in any event within a period not exceeding thirty days.
    2. Where any interested person is aggrieved by any such decision or where no such decision is notified to such person within the period specified in paragraph 1 of this Article, such person may have recourse to a competent court in the matter of such request or complaint.

  • The Fundamental Law of Hungary
    Country:
    Hungary

    Article XXIV (Freedom and Responsibility)
    (1) Everyone shall have the right to have his or her affairs handled impartially, fairly and within a reasonable time by the authorities. Authorities shall be obliged to give the reasons for their decisions, as provided for by an Act.
    (2) Everyone shall have the right to compensation for any damage unlawfully caused to him or her by the authorities in the performance of their duties, as provided for by an Act.

    Article XXV (Freedom and Responsibility)
    Everyone shall have the right to submit, either individually or jointly with others, written applications, complaints or proposals to any organ exercising public power.

  • Tο Σύνταγμα της Κυπριακής Δημοκρατίας
    Country:
    Cyprus

    ΑΡΘΡΟΝ 29
    1. Έκαστος έχει το δικαίωμα ατομικώς ή ομού μετ’ άλλων να υποβάλλη εγγράφους αιτήσεις ή παράπονα προς οιανδήποτε αρμοδίαν δημοσίαν αρχήν δικαιούμενος ν’ απαιτήση, όπως αύτη επιληφθή αυτών και αποφασίση ταχέως. Η απόφασις της αρχής ταύτης, δεόντως ητιολογημένη, γνωστοποιείται εγγράφως αμέσως εις τον υποβαλόντα την αίτησιν ή τα παράπονα εν πάση περιπτώσει ενός προθεσμίας μη υπερβαινούσης τας τριάκοντα ημέρας.
    2. Εφ’ όσον ο ενδιαφερόμενος δεν ικανοποιείται εκ της αποφάσεως ή οσάκις ουδεμία απόφασις γνωστοποιήται προς αυτόν εντός της καθοριζομένης εν τη πρώτη παραγράφω του παρόντος άρθρου προθεσμίας δύναται ο ενδιαφερόμενος ν’ αγάγη ενώπιον αρμοδίου δικαστηρίου διά προσφυγής την υπόθεσιν, εις ην αφορά η αίτησις ή το παράπονον αυτού.

  • Ustav Republike Hrvatske
    Country:
    Croatia

    Članak 46.
    Svatko ima pravo slati predstavke i pritužbe, davati prijedloge državnim i drugim javnim tijelima i dobiti na njih odgovor.

    Članak 93.
    (2)Svatko može podnijeti pritužbu pučkom pravobranitelju ako smatra da su, uslijed nezakonitog ili nepravilnog rada državnih tijela, tijela lokalne i područne (regionalne) samouprave i tijela s javnim ovlastima, ugrožena ili povrijeđena njegova ustavna ili zakonska prava.

    Članak 146.
    Državljani Republike Hrvatske su građani Europske unije i uživaju prava koja im jamči pravna stečevina Europske unije, a osobito:
    (...)
    – pravo podnošenja peticija Europskom parlamentu, predstavki Europskom ombudsmanu te pravo obraćanja institucijama i savjetodavnim tijelima Europske unije na hrvatskom jeziku, kao i na svim službenim jezicima Europske unije, te pravo dobiti odgovor na istom jeziku.
    Sva prava ostvaruju se u skladu s uvjetima i ograničenjima propisanima ugovorima na kojima se temelji Europska unija te mjerama prihvaćenima na temelju tih ugovora.
    U Republici Hrvatskoj sva prava zajamčena pravnom stečevinom Europske unije uživaju svi građani Europske unije.

  • КОНСТИТУЦИЯ на Република България
    Country:
    Bulgaria

    Чл. 7. Държавата отговаря за вреди, причинени от незаконни актове или действия на нейни органи и длъжностни лица.

EU Law

11 results found

  • Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament a...

    Article 1 - Objectives and tasks
    ‘1. In order to step up the fight against fraud, corruption and any other illegal activity affecting the financial interests of the European Union and of the European Atomic Energy Community (hereinafter referred to collectively, when the context so requires, as ‘the Union’), the European Anti-Fraud Office established by Decision 1999/352/EC, ECSC, Euratom (‘the Office’) shall exercise the powers of investigation conferred on the Commission by:
    (a) the relevant Union acts; and
    (b) the relevant cooperation and mutual assistance agreements concluded by the Union with third countries and international organisations. [...]‘
    ‘4. Within the institutions, bodies, offices and agencies established by, or on the basis of, the Treaties (‘institutions, bodies, offices and agencies’), the Office shall conduct administrative investigations for the purpose of fighting fraud, corruption and any other illegal activity affecting the financial interests of the Union. To that end, it shall investigate serious matters relating to the discharge of professional duties constituting a dereliction of the obligations of officials and other servants of the Union liable to result in disciplinary or, as the case may be, criminal proceedings, or an equivalent failure to discharge obligations on the part of members of institutions and bodies, heads of offices and agencies or staff members of institutions, bodies, offices or agencies not subject to the Staff Regulations (hereinafter collectively referred to as ‘officials, other servants, members of institutions or bodies, heads of offices or agencies, or staff members’). [...]‘

International Law

6 results found

Publications and data

  • Report / Paper / Summary
    4
    December
    2025
    Artificial Intelligence comes with both benefits and risks. Safe AI use that accounts for fundamental rights is thus crucial. While the 2024 EU AI Act was a milestone in this regard, its broad definitions regarding AI systems and high-risk AI could introduce loopholes for fundamental rights compliance. This report offers an empirical basis for much-needed practical guidance on the Act’s implementation. Based on interviews with AI developers, sellers, and users, FRA addresses challenges of its use in critical domains, like asylum, education, and employment. Our findings help guide next steps in realising the AI Act’s potential to ensure responsible innovation.
  • Report / Paper / Summary
    27
    November
    2025
    This report looks at the breadth and depth of violence and neglect faced by people with disabilities living in institutions. It highlights the shortcomings by EU Member States in preventing violence and protecting those who are at a higher risk of experiencing it, in line with the UN Convention on the Rights of Persons with Disabilities. Based on research across all EU Member States and FRA observer candidate countries, the report calls for better protection, stronger prevention of violence, and clear accountability. It urges the EU and its Member States to implement their obligations around equality and fundamental rights.
  • Fundamental Rights Report
    10
    June
    2025
    The Fundamental Rights Report 2025 is the annual report of the European Union Agency for Fundamental Rights (FRA). It provides an overview of the state of fundamental rights in the EU and highlights selected critical developments and trends in 2024. The report covers issues such as inclusive elections, gender-based violence, and the implementation of the EU Charter of Fundamental Rights. It presents FRA’s opinions on these developments, setting out the actions that the EU and Member States should take. This annual publication is a valuable resource for those seeking to stay informed about the EU’s shifting landscape of fundamental rights.
  • Handbook / Guide / Manual
    19
    September
    2024
    This publication guides EU countries on setting up independent monitoring mechanisms to ensure fundamental rights are respected during screening and asylum border procedures. These processes at borders are for people arriving from non-EU countries. Monitoring mechanisms are meant to prevent rights violations, protect victims, and support investigations into any allegations of wrongdoing by public authorities. The guidance highlights the importance of transparency and accountability, which builds trust in public authorities. New EU regulations coming into effect in 2026 will require such monitoring systems to be in place. This updates the guidance published in 2022.
  • Fundamental Rights Report
    5
    June
    2024
    FRA’s Fundamental Rights Report 2024 analyses the year’s developments in fundamental rights. It focuses on the most pressing fundamental rights concerns facing Europe in 2023: the cost-of-living crisis, rights concerns at the EU’s external borders and migration, and threats to democracy. Re-structured, this year’s new approach is a shorter and sharper analysis. It also presents FRA’s opinions on these developments, including a summary of the evidence supporting these opinions.
  • Report / Paper / Summary
    29
    May
    2024
    Ahead of the EU elections, this report explores the political participation of people with disabilities. Although some Member States removed restrictions on the right to vote and to stand for elections, barriers still exist. This report is an update of new developments following FRA’s last report published in 2014. It sets out ways forward to ensure people with disabilities have equal opportunities, in line with the EU Charter of Fundamental Rights and the Convention on the Rights of Persons with Disabilities.
  • Report / Paper / Summary
    13
    September
    2023
    Europe’s ageing population is ever-increasing, and our societies are becoming more digitalised. Many public services are now available online, with many more services in the process of being digitalised. But the digitalisation of public services poses a risk of exclusion for older persons. In this new report, FRA explores the impact of digitalisation on the fundamental rights of older persons. The report maps the current legislation, policies and practices fostering digital inclusion. It provides an overview of the laws at the national level that provide for equal access to public services, both online and offline. The findings show how Member States safeguard older person’s rights to access services undergoing digitalisation. It outlines how Member States can support digital skills and ensure older people can fully participate in public life.

  • Report / Paper / Summary
    6
    September
    2023
    Integration and social inclusion are important aspects of EU migration and asylum policy. The fundamental rights of long-term residents in the EU are explored through this report, focussing on the Long-Term Residence Directive. EU long-term resident status includes rights to move and reside in other EU Member States. This report examines the reasons behind the low uptake of EU long-term resident permits, despite them typically giving more rights than national long-term resident permits.
  • Fundamental Rights Report
    8
    June
    2023
    FRA’s Fundamental Rights Report 2023 reviews major developments in the field in 2022, identifying both achievements and areas of concern. It also presents FRA’s opinions on these developments, including a synopsis of the evidence supporting these opinions.
  • Handbook / Guide / Manual
    14
    October
    2022
    ** As of 19 September 2024 a new version of this guidance has been issued. Please see the link below. **

    Fundamental rights monitoring at EU external borders should be systematically and regularly carried out for a range of border management activities. These include border surveillance, apprehensions at land, sea and air borders, and the operation of referral mechanisms, including in the event of mass arrivals. This general guidance provides assistance to EU Member States in setting up national independent mechanisms to monitor fundamental rights compliance at EU external borders, in line with the proposed screening regulation of 23 September 2020 by the European Commission. The EU Agency for Fundamental Rights prepared this guidance at the request of the Commission.