Publication details
Principle of proper reasoning in the European context
| Authors | |
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| Year of publication | 2015 |
| Type | Appeared in Conference without Proceedings |
| Citation | |
| Description | Within the European Administrative Space play documents of the Council of Europe and especially the European Convention on Human Rights important role. These documents generally contribute to a better functioning of public administration in Europe. Part of Art. 6 of the ECHR, which guarantees the right to a fair trial before administrative bodies, is the right to proper reasoning. Although previously contained Czech (Czechoslovak) law requirement to reason a decision, it was only a formal proclamation. In this regard, my opinion is that the principle of proper reasoning, at least in the Czech Republic, is the result of targeted efforts for considerable transparency and evolved rather from jurisprudence of the ECtHR and the overall functioning of the Council of Europe. The aim of this paper is to define minimal standards of the principle of proper reasoning and my target is to partially evaluate the applicability of these standards in practice. |