Exceptions of the principle of Imperative Reasoning of Individual Administrative Decisions in France

Authors

Abstract

The imperative reasoning of administrative decisions is considered one of the most important landmarks of the policy of administrative clarity. It means that the administration has to be committed to give legal and substantial reasons upon issuing such decisions. Such procedure allows the senior officers to know the reasons of the decision while reviewing the decision addressed to them and influencing their legal positions. Such action achieves understanding and cooperation between the administration and its customers. It enhances the confidence bridges between the two parties and facilitates the administration's task to realize public welfare. This principle was adopted by the French Legislator by Law no. 587 issued on 11 July 1979. On the other hand, it included some exceptions which exempt the administration from reasoning and justifying its decisions which are usually governed by such commitment according to rules. However، such exceptions do not entail identical effects. Absolute urgency and implicit decisions lay obstacles before finding reasons for the decision itself but it does not have any restrictions against announcing reasons at a later date. Nevertheless, secrecy always hinders decision reasoning.

Recommended Citation

(2012) "Exceptions of the principle of Imperative Reasoning of Individual Administrative Decisions in France," UAEU Law Journal: Vol. 2012: No. 50, Article 6.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2012/iss50/6