La bonne administration en droit communautaire et le Code européen de bonne conduite administrative

The Code of Good Administrative Behaviour is an important source for understandingthe principle and concept of good administration in European administrative law, since itencompasses certain aspects that tend to be overlooked by the case law of the European Courts andEuropean law scholars. Furthermore, contrary to what recent developments would lead people toexpect - namely, the fact that the Commission is refusing to put forward a proposal for a Europeanregulation that would make the Code’s provisions binding - it is still a relevant tool for mappingpotential legal developments in good administration. This article explains the reasons and meaningof the link between the Code and Article 41 of the Charter of Fundamental Rights, analyses thecomplex issues and areas of uncertainty surrounding the good administration concept, andhighlights the interconnections between its different legal and non-legal facets. In addition, itdemonstrates how these different aspects are reflected in the Code and shows how it relates toprevious developments in community law. It highlights its added legal value and the functions itcurrently performs, while also considering further developments that may occur as a result.