Good governance principles and right to good administration in the European Union with its instutional and substantive dimension

Governance has emerged to provide solutions to the points where traditional management capabilities are insufficient. EU governance, on the other hand, has characterized itself at the point of solving the management problems encountered at the supranational level. In terms of EU good governance, what can be said until the establishment of the European Ombudsman is limited. With the establishment of the European Ombudsman, the institutional framework of EU good governance has been formed. The European Ombudsman has defined maladministration and prepared The European Code of Good Administrative Behaviour to be implemented in the relations of management and staff of EU institutions and bodies with citizens. The main motivation of EU good governance lies in the efforts of the Union to close the democratic deficit. The problems faced by the EU in the decision-making processes with its broad member structure have been tried to be overcome with good governance. In this regard, the development of the institutional dimension of good governance in the EU has taken place both on the normative level and with the construction of new institutions. The institutionalization steps on the normative plane first emerged with flexible legal instruments. In this context, the White Paper containing the principles of good governance and the European Code of Good Administrative Behaviour adopted by the European Parliament came to the fore as important soft law instruments regarding good governance. EU good governance has been protected by both judicial and non-judicial mechanisms. Providing judicial protection in an effective, impartial, fair and reasonable time is also a requirement of the right to good administration. While EU good governance is subject to judicial review in certain aspects, assurance is provided largely by non-judicial review mechanisms. Considering that most of the non-judicial protection instruments are shaped within soft law instruments, it is possible to say that soft law is not only a tool for EU good governance, but also a result of it. The fact that the EU Charter of Fundamental Rights has become binding with a constitutional character and thus the "right to good administration" is regulated in the EU as a fundamental right of citizenship has moved the development of EU good governance to a different level. The right to good administration in Article 41 of the EU Charter of Fundamental Rights is framed to include the "right to have his or her affairs handled impartially, fairly and within a reasonable time", "right of compensation" and "right to correspondence in one of the languages of the Treaties". The right to have his or her affairs handled impartially, fairly and within a reasonable time include the right to be heard, the right to access the file and the information and document about the person himself or herself, and the obligation to state a reason. Handled with the affairs in a reasonable time imposes an obligation on the institutions, bodies and agencies of the Union to avoid laziness and delay in all their transactions, and unjustified delay, prolongation and chronicity of the affairs are considered as a violation of this right. Access to information and documents within the scope of the right to good administration can be restricted under certain conditions due to legitimate restrictions and measures regarding the protection of personal data, which have been specially arranged. As a result, the recognition of the "right to good administration" as a fundamental right and guaranteed by judicial and non-judicial protection mechanisms has given EU good governance an advanced corporate and substantive dimension compared to other examples in the world. Good governance in the EU if not a magic wand but it has been a valuable and important solution alternative, for solving existing problems.