MOTIVATION OF ADMINISTRATIVE ACTS – GUARANTEE OF GOOD ADMINISTRATION
The present article deals with the aspects of motivating administrative acts, both doctrinaire and practical, of jurisprudence. The duty of the administration to motivate its decisions is submitted in the Charter of Fundamental Rights of the European Union, art. 41. In the current European legal o...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2018-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=3_public_law%2F&download=CKS_2018_public_law_046.pdf |
| Summary: | The present article deals with the aspects of motivating administrative acts, both doctrinaire and practical, of
jurisprudence. The duty of the administration to motivate its decisions is submitted in the Charter of Fundamental Rights of
the European Union, art. 41. In the current European legal order, the rationale for administrative acts is considered and refers
to one of the most important conditions of validity of the administrative act. The Romanian Constitution ensures and emphasizes
the motivation, as it is imposed by the Charter. The realization of this fundamental right to motivate administrative acts is
possible by calling upon a set of values from the administration, such as transparency, professionalism and the imposition of
high quality standards. Motivation is achieved where we have a good administration, and whether citizens are, among other
things, respected fundamental rights and freedoms, access to information is guaranteed and motivated their decisions.
Although administrative normative acts are motivated by the administration, examples that show that individual ones are
unmotivated or incompletely motivated are enough, which made the various employers legally answer for the non-motivation
of their decisions to terminate work relationships with several of the employees. The motivation of administrative acts is
necessary, mandatory and must be done with rigor. It is highlighted that inadequate, incomplete or vicious reasoning may
result in suspension or even annulment of the administrative act by the court. |
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| ISSN: | 2068-7796 2068-7796 |