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EBA Code of Good Administrative Behaviour Summary

Core Content

The European Banking Authority (EBA) has adopted a Code of Good Administrative Behaviour to ensure transparency, fairness, and accountability in its interactions with the public. This decision is based on Regulation (EU) No 1093/2010 and aligns with the principles of openness established by the Amsterdam Treaty. The Code outlines the fundamental principles and rules that all EBA agents and servants must follow when dealing with the public, promoting a high standard of administrative conduct.

Main Principles and Requirements

• Lawfulness: All actions must comply with Union legislation, and decisions affecting individuals must have a legal basis.
• Non-discrimination: Equal treatment of all members of the public is required, and unjustified discrimination based on nationality, sex, race, religion, disability, age, or sexual orientation is prohibited.
• Proportionality: Measures taken must be proportionate to the objective pursued, balancing individual and public interests.
• No Abuse of Power: Powers must be used only for legitimate purposes and in the public interest.
• Impartiality and Independence: Agents must act impartially and without outside influence, including political pressure, and avoid conflicts of interest.
• Objectivity: Decisions should be based on relevant factors, with each given appropriate weight, and irrelevant elements excluded.
• Legitimate Expectations and Consistency: Administrative actions must be consistent with past practices and respect the expectations of the public.
• Fairness: All actions must be fair and reasonable.
• Courtesy: Agents must be helpful, accessible, and courteous in their interactions with the public.
• Language of Communication: Responses to citizens must be in the same language as the citizen's request, if it is one of the Treaty languages.
• Acknowledgement of Receipt: All letters or complaints must receive an acknowledgment within two weeks, unless a substantive reply is provided.
• Transfer to Competent Service: If a letter is sent to an inappropriate unit, it must be transferred promptly to the correct service, with notification to the sender.
• Right to Be Heard: Individuals affected by decisions have the right to submit written comments and, when necessary, present oral observations.
• Reasonable Time Limits: Decisions must be made within a reasonable time, generally no later than two months from receipt.
• Grounds for Decisions: All decisions that affect individuals must clearly state the legal and factual basis, with individual reasoning provided upon request.
• Right to Appeal: Decisions must include information on the appeal process, including the nature of remedies, relevant bodies, and time limits.
• Notification of Decisions: Decisions must be communicated in writing to affected individuals, without prior disclosure to other parties.
• Data Protection: Personal data must be processed lawfully and only for legitimate purposes, with no unauthorized transmission.
• Access to Information: Agents must provide requested information, ensuring clarity and understandability, and direct requests to the appropriate person or institution if not within their competence.
• Public Access to Documents: Requests for access to EBA documents must be handled in accordance with the EBA's access policy, with written requests encouraged if oral ones cannot be fulfilled.
• Record Keeping: EBA units must maintain adequate records of all incoming and outgoing correspondence, documents, and actions taken.
• Public Availability of the Code: The Code must be widely accessible, including on EBA's website and upon request to any citizen.
• Right to Complain: Non-compliance with the Code can be reported to the European Ombudsman.
• Revision: The Executive Director must review the Code's implementation within two years of its entry into force.
• Entry into Force: The Code becomes effective on the day after its adoption, which was 12 January 2011.

Key Information

• The Code applies to all EBA agents and servants, including those under private law contracts, seconded experts, trainees, and others.
• The public includes both Union citizens and non-residents.
• The Code does not apply to internal relations between EBA and its staff, which are governed by separate regulations.
• The European Ombudsman is empowered to investigate complaints related to the Code.
• The Code emphasizes transparency, accountability, and the protection of citizens' rights.

Conclusion

The EBA Code of Good Administrative Behaviour is a comprehensive framework designed to ensure that EBA's interactions with the public are transparent, fair, and lawful. It reflects the EU's commitment to openness and good governance, reinforcing public trust in the institution's operations.