From Moral Rules to Individual Rights – and Beyond? The Institutionalization of Good Administration in Finland and in Europe

The article discusses two intertwined topics. These are the concept of good administration as a “magic concept” – characterised by broad scope, great flexibility and positive ‘spin’ – and its legal institutionalization in three different contexts: the Finnish legal system, the EU and the Council of Europe. I argue that in each of these contexts, a roughly similar, bottom-up evolution can be discovered: 1) bad administrative behavior is detected; 2) the grounds on which it is condemnable are specified; 3) these grounds are adopted as ethical, normative content; 4) they become legally binding by setting obligations for civil servants; 5) they may constitute an individual right or a collection of rights. I also argue that, regardless of this trajectory, the flexibility of good administration cannot be fully exhausted by norms; this is exemplified by the European Ombudsman’s award for good administration. Ultimately, these evolutions are part of a global convergence narrative of administrative law thinking.