GoOD ADMINISTRATIVE PRACTICE
Public Administration Act lays down rules stating that grounds must to some
extent be given for administrative decisions. There are, however, situations
beyond the limited scope of these sections where it is still good administrative
practice to give grounds. In other words, these standards are a kind of extension of the legal rules. Conversely, for instance the rules that citizens must
be addressed politely in speech and writing and that public employees should
introduce themselves by names are not linked to any rule of public administration law.
The other distinction identifies whether a rule of good administrative practice
relates to the case processing in relation to a specific citizen or to the behaviour
of the administration and its employees generally. The above examples (extended obligation to give grounds, introduction by name and polite use of language)
are associated with the processing of specific cases. Conversely, the rule concerning not accepting gifts or other financial benefits reflects a general standard
of behaviour which is not necessarily linked to specific cases.
Combining these two categorisations produces the following four categories:
Good administrative practice
In specific cases
As general behaviour
In connection with rules of law
group A
group B
Not linked to rules of law
group C
group D
Each of the four groups A-D has some external similarities and internal connections. This should make it somewhat easier to get an overview of and understand the nature of good administrative practice.
ADMINISTRATIVE PRACTICE AS AN EXTENSION OF THE RULES OF
LAW
An example of group A – good administrative practice as an extension of rules
of law and in connection with a specific case – is the obligation to give grounds.
Other examples are the obligation to hear the parties and to give guidance on
appeal. There are legal rules concerning both (above all sections 19-21 and sections 25-26 of the Public Administration Act). However, in certain situations,
good administrative practice may imply that the parties must be heard or that
guidance must be given on appeal even though this is not covered within the
scope of the legal rules.
If for instance an employee of a private operator with which an authority has
contracted concerning job creation efforts is dismissed at the request of the
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