The extent of the administrative judge’s authority to oblige the administration to disclose the reason for the contested decision .

Document Type : Original Article

Author

Faculty of Law-Mansoura University

Abstract

If the administrative body is not obligated to disclose the reason for the administrative decision, the administrative judge’s oversight may be ineffective and useless in examining the legitimacy of the administrative decision and the availability of its legal elements, as well as in ensuring that there are no defects in it, especially the defect of the reason, unless he has the authority to oblige the administrative body to disclose the reason for the decision. Therefore, the French Council of State has strengthened its positive role in directing the procedures related to proving the annulment claim, which reduces the burden of proof on the plaintiff, and has recognized the right of the administrative judge to request the administrative body to disclose the reason for the administrative decision, whenever he has evidence and indications that justify this. If the administrative body refuses to respond to this request, this can be considered evidence of the validity of the plaintiff’s claim in appealing the administrative decision, which allows him to issue a ruling to annul the decision. Naturally, the administrative body’s response to the judge’s request to disclose the reason for its intervention allows him to exercise his oversight over the legitimacy of the decision based on the investigations that he can conduct in the case.

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