The Right To Good Administration. A Special View On The Administration’S Obligation To Provide Reasons For Its Decisions

In 2009, through the Treaty of Lisbon, the Charter of Fundamental Rights of the European Union became legally binding, being given a legal value equal to that of the E.U. Treaties, and the Union recognized the rights, freedoms and the principles laid down therein. It is the administration’s responsibility to substantiate its decisions, as provided for in art. 41 of the said Charter and, in the E.U. legal order, it is considered one of the foremost imperative prerequisites of legitimacy of the administrative act. In Romania, art.148 of the Constitution expressly states that as a result of joining the European Union, the provisions of the E.U. constituent treaties, as well as the other mandatory community regulations shall take precedence over the opposite provisions of the national laws, in compliance with the provisions of the accession act. As a result, as mandated by the Charter, the motivation is emphasized. The present study refers to the motivation of the administrative acts as a prerequisite for an effective right to a good administration, as highlighted by the doctrine and the case-law of the Romanian courts.