Explanation of Judicial Decisions by Administrative Judges

• Main Author: Jean-Michel Lemoyne de Forges
• Format: Article
• Language: English
• Published: Pravni fakultet Sveučilišta u Splitu 2014-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Splitu
• Subjects: right to fair trail; judical decision explanation; administrative judges
• Online Access: http://hrcak.srce.hr/file/176947

The right to a fair trial also consists essentially of implicit guarantees arising from the practice of the European Court for the Protection of Human Rights. This court in Strasbourg has, in addition to establishing the right to a fair trial, also established the right to an explanation of the judicial decision. It is not enough to merely formally refer to or cite certain regulations as being reliable, but rather, authorized bodies, in particular courts, are obliged to explain the foundation on which the facts and circumstances were based. That this, they must justify that the facts and circumstances of the particular case have fulfilled the presumptions from those regulations.