Motivating administrative acts - doctrinal and jurisprudential issues

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

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.