JURISPRUDENTIAL DEVELOPMENTS ON THE REASONING OF THE ADMINISTRATIVE ACT

The activity of public authorities is subject to the control of legality performed by the administrative courts, according to the law. On the basis of art. 52 of the Constitution, persons aggrieved in their legitimate rights and interests often complain before the courts that the administration fails to give reasoning on the administrative acts. At EU level, the Charter of Fundamental Rights of the European Union stipulates that giving reasons for administrative acts is a component of the right to good administration. In this context, the aim of this paper is to analyze the relevant case-law in order to be able to observe the national administrative contentious judge's opinion on the reasoning of administrative acts, in the sense of whether this formality is mandatory or not for the issuing public authority. In terms of the research methodology, the structure of the paper has two main components, a theoretical one, namely it will describe the state of the legislation applicable to the reasoning of administrative acts, then it will focus on the practical component, in order to understand what problems arise in the work of public administration in this aspect. The proposed subject is topical, practical and of general interest. Using specific legal methods, the conclusion of the paper will be emphasized, namely that the reasoning is a condition for the legality of the administrative act, without which the proper functioning of public administration would be questioned.

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Publication Details

Journal
SHILAP Revista de lepidopterología
Published
2025-05-01
Primary Topic
Ombudsman and Human Rights
Type
article
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article

JURISPRUDENTIAL DEVELOPMENTS ON THE REASONING OF THE ADMINISTRATIVE ACT

SHILAP Revista de lepidopterología
Ombudsman and Human Rights
article

JURISPRUDENTIAL DEVELOPMENTS ON THE REASONING OF THE ADMINISTRATIVE ACT

article en

Abstract

The activity of public authorities is subject to the control of legality performed by the administrative courts, according to the law. On the basis of art. 52 of the Constitution, persons aggrieved in their legitimate rights and interests often complain before the courts that the administration fails to give reasoning on the administrative acts. At EU level, the Charter of Fundamental Rights of the European Union stipulates that giving reasons for administrative acts is a component of the right to good administration. In this context, the aim of this paper is to analyze the relevant case-law in order to be able to observe the national administrative contentious judge's opinion on the reasoning of administrative acts, in the sense of whether this formality is mandatory or not for the issuing public authority. In terms of the research methodology, the structure of the paper has two main components, a theoretical one, namely it will describe the state of the legislation applicable to the reasoning of administrative acts, then it will focus on the practical component, in order to understand what problems arise in the work of public administration in this aspect. The proposed subject is topical, practical and of general interest. Using specific legal methods, the conclusion of the paper will be emphasized, namely that the reasoning is a condition for the legality of the administrative act, without which the proper functioning of public administration would be questioned.

SHILAP Revista de lepidopterología
Universitatea Nicolae Titulescu din București (RO)
Peace, Justice and strong institutions
Openalex Percentile: Top 39%
Ombudsman and Human Rights
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