Publication details
Minimální požadavky na odůvodnění správního rozhodnutí ve středoevropském kontextu
| Title in English | Minimum Requirements for the Reasoning of Administrative Decisions in the Context of Central Europe |
|---|---|
| Authors | |
| Year of publication | 2016 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro právní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopis |
| Field | Law sciences |
| Keywords | Principle of Proper Reasoning; Reasoning; Completeness of reasoning; Minimal Standards of Reasoning |
| Attached files | |
| Description | The author in article deals with the minimum standards of reasoning of administrative decisions in the Central European context, ie. in the light of the legislation of the Czech Republic, Germany, Austria and Poland with regard to the documents of the Council of Europe and the case law of the ECHR. Reasoning guarantees legality in public administration and is important part of the system of protection of public individual rights, and this paper analyzes common shared minimal demands on reasoning using a study of the literature, analysis and partial comparison of legal systems in selected countries, including the case law of the administrative courts. In Central Europe, the unifying element of the minimum requirements for reasoning (with slight variations) is the duty administrative authority to bring essential (substantial) reasons why the administrative authority take the decision in conjunction with the evaluation procedure documents and evidence. This issue is the main part of the article. The author also deals with the possibilities of issuing decisions without reasoning. These exceptions are analyzed mainly on the issues of the compliance with principle of proper reasoning as one of the general principles of law. |