Good Administration: made simple

Good Administration: made simple

Published February 11, 2025

by Judge Emeritus Joseph Zammit McKeon, Parliamentary Ombudsman

As Maltese law stands at present, Art 41 of the Charter of Fundamental Rights of the EU, that provides for the right to good administration, is applicable only in the case of disputes of persons with the institutions of the EU.  

Art 41 of the Charter states:

1. Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union.
   
   
2. This right includes : 

• the right of every person to be heard, before any individual measure which would affect him or her adversely is taken; 
• 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; 
• the obligation of the administration to give reasons for its decisions. 

3. Every person has the right to have the Community 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.

The question arises: 

Should the core principles of this provision be extended by legislation to apply for domestic matters and/or disputes between persons and the public service and/or the public administration in Malta?  

As a matter of principle, such a possibility should not be discarded a priori because of concerns for possible negative backlashes on the workings of the domestic public service and/or public administration.  This is stated because the principles at the basis of Art 41 are reasonable, reflect good practice, and endorse the rule of law.

In the United Kingdom, the Parliamentary and Health Ombudsman formulated principles of good administration for application by public bodies, with a clear framework within which public bodies should operate.   The principles also promote a shared understanding of what is meant by good administration and help public bodies provide an optimal public service to their customers.

The principles are:

1     Getting it right 

•     Acting in accordance with the law and with regard for the rights of those concerned. 

•     Acting in accordance with the public body’s policy and guidance (published or internal). 

•     Taking proper account of established good practice. 

•     Providing effective services, using appropriately trained and competent staff. 

•     Taking reasonable decisions, based on all relevant considerations. 

2     Being customer focused 

•     Ensuring people can access services easily. 

•     Informing customers what they can expect and what the public body expects of them. 

•     Keeping to commitments, including any published service standards. 

•     Dealing with people helpfully, promptly and sensitively, bearing in mind their individual circumstances. 

•     Responding to customers’ needs flexibly, including, where appropriate, co-ordinating a response with other service providers. 

3     Being open and accountable 

•     Being open and clear about policies and procedures,  ensuring that information and any advice provided is clear, accurate and complete. 

•     Stating its criteria for decision making and giving reasons for decisions. 

•     Handling information properly and appropriately. 

•     Keeping proper and appropriate records. 

•     Taking responsibility for its actions. 

4     Acting fairly and proportionately 

•     Treating people impartially, with respect and courtesy. 

•     Treating people without unlawful discrimination or prejudice, and ensuring no conflict of interests. 

•     Dealing with people and issues objectively and consistently. 

•     Ensuring that decisions and actions are proportionate, appropriate and fair. 

5     Putting things right 

•     Acknowledging mistakes and apologising where appropriate. 

•     Putting mistakes right quickly and effectively. 

•     Providing clear and timely information on how and when to appeal or complain. 

•     Operating an effective complaints procedure, which includes offering a fair and appropriate remedy when a complaint is upheld. 

6     Seeking continuous improvement 

•     Reviewing policies and procedures regularly to ensure they are effective. 

•     Asking for feedback and using it to improve services and performance. 

•     Ensuring that the public body learns lessons from complaints and uses these to improve services and performance. 

These principles have solidly and convincingly been applied in the UK, because they have been found to be achievable and practicable.  The public service and the public administration in Malta would do well to reflect on these principles and consider their application in the Maltese scenario.