Motivating administrative acts - doctrinal and jurisprudential issues

Author:Mihai Cristian APOSTOLACHE, PhD
Position:Lecturer
Pages:79-87
SUMMARY

The article approaches the topic of administrative acts motivation, analyzed from the doctrinal and jurisprudential perspective. If at first, motivation was considered merely a formal condition of the administrative act, as a result of the national and European, doctrinal and jurisprudential evolution, motivation is now regarded as one of the most important conditions of validity for the... (see full summary)

 
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Motivating administrative acts - doctrinal and jurisprudential issues
Lecturer Mihai Cristian APOSTOLACHE
1, PhD
Abstract
The ar ticle approa ches the topic of a dministra tive a cts motivation, analyzed from
the doctr inal and jurisprudential per spective. If at first, motivation was consider ed merely
a formal condition of the administrative act, as a result of the national and European,
doctrina l and jurispr udential evolution, motivation is now regar ded a s one of the most
important conditions of validity for the administra tive act. Motivating administrative a cts
represents also a manifestation of the r ight to information, sea led by the Romanian
Constitution, and a dimension of the right to a good administration, as stipulated in the
Charter of Funda mental Rights of the Europea n Union.
Keywords: motivation, administra tive acts, jur isprudence, doctrine, cour t order
JEL Classification: K23
1. Preliminaries
The administrative act represents the main embodiment of the government,
and it is presumed of legality, which, in turn, is based on the presumptions of
truthfulness and authenticity, the administrative act itself being a type of
enforcement. Based on these characteristics, it is important to emphasize the fact
that, through its effects, the administrative act plays a crucial role in the activity of
public administration, as one of its legal instruments2, producing effects which
generate, modify or extinguish correlative rights and obligations. Administrative
act’s execution of office, that distinguishes administrative acts from the civil ones3,
oblige issuing authorities to fully respect the formal and substantial conditions that
administrative act must meet in order to comply with the law. One of the
conditions required for the administrative act to be legal is its motivation.
Hereinafter, we shall analyze the motivation of administrative acts from doctrinal
and jurisprudential perspective, bringing into attention several decisions of national
and European courts, as well as the opinions of some Romanian and foreign
pedants.
1 Mihai Cristian Apostolache - Petroleum-Gas University of Ploieşti, Department of Economics,
Marketing and Business Administration, mihaiapostolache5@yahoo.com
2 Gabriela Bogasiu, Justiia actului administrativ. O abordare biunivoc, Universul Juridic Printing
House, Bucharest, 2013, p.32.
3 Verginia Vedinaş, Drept administra tiv, 7th edition, revised and updated, Universul Juridic Printing
House, Bucharest, 2012, p.113.

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