Challenges of the Knowledge Society (May 2019)
GIVING REASONS FOR ADMINISTRATIVE ACTS – WARRANTY OF A GOOD ADMINISTRATION
Abstract
This article proposes to analyze the giving reasons for administrative acts, an essential condition of good administration. Starting from art. 41 Charter of Fundamental Rights of the EU providing as the condition of a good administration ”the obligation of the administration to give reasons for its decisions”, we went on to the domestic legislation that does not define the principle of good administration. In regard to the obligation of public authorities to give reasons for acts they issue, the domestic legislation comprises provisions only on normative acts, Law. 24/2000 on the legal technical norms for the issuance of regulations being applicable. Many problems arise in the case of administrative acts of an individual nature where there is no regulated obligation to motivate them. Thus, the purpose of this article is to draw attention on the necessity of a legal regulation also in regard to the obligation to give reasons for individual administrative acts. This is necessary, considering that this type of administrative acts often provide obligations on the citizen, who is entitled to be informed about the actual reasons. Otherwise, we believe that giving reasons for individual administrative acts also results in a relief of the contentious-administrative courts, which are ever more often vested with applications for the annulment of such acts, the main reason being such of the lack of giving reasons. We also hope that both the Administrative Code, but especially the Administrative Procedure Code solves the issue of giving reasons for individual administrative acts, so as to ensure a balanced and transparent relation between the public authorities and citizens.
