The principle of good administration in the Portuguese Administrative Procedure Code. Research leads

Abstract

Since 2015, with the entry into force of the new Administrative Procedure Code (APC) (Decree-Law no. 4/2015, of 7 January), in Portugal, the principle of good administration has been included in article 5. This is part of a list of 17 other articles that created the general principles of administrative activity. This article 5 is, in the understanding of adopted position in the paper, one of which most guide and define the administrative activity and this will be the starting point of the analysis carried out. First, for its range and, second, for the way that same range leads to a marked influence, mainly, in what to the modernization of Public Administration concerns. It would not be so relevant if this modernization did not translate into what has been the major driver of the Public Administration (PA) since 1986 (the Portuguese European integration). The point of arrival (albeit as a conclusion) is the implicit relationship that is understood to exist between the principle, public governance, public policies and the PA modernization. Given the relevance for the citizen's life and for the application of the APC guiding principles, the definition of indicators that delimit Article 5 of the APC is considered as an essential aspect for future investigations and, consequently, this delimitation translates into legal certainty and security. That definition will still be relevant for the implementation of public policies, again, with a direct impact on the individual's life. It is also concluded that bureaucratic barriers are still a Portuguese reality.