Document Type : Article
Authors
Assistant Prof., Department of Law, Islamic Azad University, Ilam Branch, Ilam, Iran
Abstract
The discourse of good governance in the field of public law and international law is one of the new topics in the administration of the country, which is initially defined as the exercise of political, economic and administrative power to manage public affairs at all levels in a good, efficient and appropriate manner. However, this new concept neither among academics nor domestic and international bodies has clear definition, dimensions or territory. Each definition usually looks at some aspects of it, and finally it is not clear what effects and Elements it has. There is also disagreement about its legal nature. Among the international bodies, the European Court of Human Rights has one of the most prominent case law in recognizing and explaining good governance, which itself has gradually evolved. Examining the procedure of the court, while giving a better understanding of the concept of good governance, shows that the concept of good governance has been developed in the case law of the ECtHR and has been introduced as a legal principle with binding obligations and specific dimensions and areas. To the extent that in the light of that case law, provisions of the European Convention on Human Rights, which make no reference to good governance, have also been developed.
Keywords
Main Subjects
English
- Books
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- Venice Commission (2011). Stocktaking on the notions of “good governance” and “good administration, Strasbourg: CDL(2011) 006.
- Articles
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- ECtHR Case Law
- Case of Ahmet Yavuz Yılmaz v. Turkey, Application no. 48593/07, 10 November 2020.
- Case of Ahmut v. the Netherlands, Application no. 21702/93, 28 November 1996.
- Case of Beyeler v. Italy, Application no. 33202/96, 5 January 2000.
- Case of Gasus Dosier- und Fördertechnik GmbH v. the Netherlands, Application no. 15375/89, 23 February 1995.
- Case of Grobelny v. Poland, Application no. 60477/12, 5 March 2020.
- Case of Guja v. Moldova, Application no. 14277/04, 12 February 2008.
- Case of Krstić v. Serbia, Application no. 45394/06, 10 December 2013.
- Case of Lawless v Republic of Ireland, Application no. 332/57, 14 November 1960 and 1 July 1961.
- Case of Maksymenko and Gerasymenko v. Ukraine, Application no. 49317/07, 16 May 2013.
- Case of Maria Mihalache v. Romania, Application no. 68851/16, 30 June 2020.
- Case of Marttinen v. Finland, Application no. 19235/03, 21 April 2009.
- Case of Mifsud and Others v. Malta, Application no. 38770/17, 13 October 2020.
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- Case of Van de Hurk v. the Netherlands, Application no. 16034/90, 19 April 1994.
- Case of Aksoy v. Turkey, Application no. 21987/93, 18 December 1996.
- Case of Hutten-Czapska v. Poland, Application no. 35014/97, 19 June 2006.
- Case of Megadat.com SRL v. Moldova, Application no. 21151/04, 8 April 2008.
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- C) ICJ Case Law
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- Judgment No.2867 of the Administrative Tribunal of the International Labour Organization upon a Complaint Filed against the International Fund for Agricultural Development, ICJ Advisory Opinion of 1 February 2012.
- Documents
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