935th meeting – 13 July 2005

Appendix 14
(Item 10.3)

Specific terms of reference of the Project Group on Administrative Law (CJ-DA) for 2005-2006

1. Name of Committee:

Project Group on Administrative Law (CJ-DA)

2. Type of Committee:

Committee of Experts

3. Source of terms:

European Committee on Legal Co-operation (CDCJ)

4. Terms of reference:

Under the authority of the European Committee on Legal Co-operation (CDCJ), taking into account its revised specific terms of reference for 2005 and having regard to Parliamentary Assembly Recommendation 1615 (2003) on the institution of ombudsman, the CJ-DA is instructed:

a. with a view to promoting an area of common legal standards throughout Europe, to prepare a recommendation, accompanied with a consolidated model code of good administration, in order to strengthen the legal framework of good administration as an essential element of good governance and improve the functioning of public administration and relations between the administration and individuals;

b. to carry out any other activity with which the CDCJ might entrust it in execution of its own terms of reference or in implementing the priorities identified by the Committee of Ministers.

5. Membership of the Committee:

a. The governments of all member states are entitled to appoint members with the following desirable qualifications: senior officials having responsibilities as regards administrative law and administrative justice.

The Council of Europe's budget bears travelling and subsistence expenses for one expert per member state.

b. The Commissioner for Human Rights, the European Commission for Democracy through Law (Venice Commission), the Steering Committee for Human Rights (CDDH) and the Congress of Local and Regional Authorities of the Council of Europe may send one representative to meetings of the Committee.

c. The European Commission and the General Secretariat of the Council of the European Union may send one representative to the meetings of the Committee without the right to vote or defrayal of expenses.

d. The following observers with the Council of Europe may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses:

    - Canada;
    - Holy See;
    - Japan;
    - Mexico;
    - United States of America.

e. The following observers with the Committee may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses:

    - OECD;
    - UN and its specialised organs;
    - the International Commission on Civil Status (CIEC);
    - the European Public Law Centre;
    - the European Federation of Administrative Judges.

6. Working structures and methods:

The CJ-DA may set up working parties, use consultants and organise hearings and consultations.

7. Duration:

These terms of reference shall be reviewed before 31 December 2006.



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