Obligation to state reasons for an administrative decision
Verified 11 October 2022 - Directorate for Legal and Administrative Information (Prime Minister)
You received a negative response from the administration and you don't understand why? We tell you when an administration should give reasons (explanation) for its decision and how you can ask for reasons for refusal implicit decision .
The reason for an administrative decision is to explain what led to the decision.
The motivation must indicate:
- the legal provisions on which the decision is based
- and facts which justify the decision taken in the light of the applicable legal provisions.
The motivation must be written.
The administration shall motivate (explain) subsequent individual decisions ::
- Measure restricting the exercise of public freedom
For example, evicting a foreigner
- Decision imposing a penalty
For example, revocation of an official
- Permission subject to restrictive conditions
For example, building permits subject to special requirements
- Cancellation or deleting a rights-creating decision
For example, termination of the contract of a non-public servant
- Prescription, foreclosure or lapse
For example, a building permit lapses.
- Refusal of Benefit which is right for applicant
For example, denial of an allowance to a person who meets the eligibility requirements
- Refusal of authorisation
However, the administration does not have to justify the refusal if the disclosure of reasons could violate a State secret
- Rejection of a administrative appeal of presentation is mandatory first contentious
For example, contract litigation
- Decision does not comply with a general rule established by law or settlement (decision derogatory)
You have received a written decision
Where absolute urgency has prevented a decision from being substantiated, the absence of reasons shall not render the decision unlawful.
However, in the absence of motivation, ask reasons of the decision time limits for litigation.
The administration must provide reasons for decision withinone month according to your request.
You have not received a written decision
Lack of motivation does not make an implicit decision of refusal.
For example, an implicit decision by an administration to refuse a request for access to a state job.
However, you can ask reasons of the decision time limits for litigation.
The administration must communicate the reasons for the refusal withinone month according to your request.
The deadline to litigation against decision to refuses is extended.
You 2 months from the day the reasons are given to you.
Who can help me?
Find who can answer your questions in your region
- Code of Public-Administration Relations: Articles L211-2 to L211-4Decisions concerned
- Code of Public-Administration Relations: Articles L211-5 to L211-6Motivation
- Code of Public-Administration Relations: Articles L231-4 to L231-5Exceptions to the silence rule for acceptance
- Code of Public-Administration Relations: Article L232-4Disclosure of reasons for an implied decision to reject
- Silence rule is agreement (SVA): which requests are concerned?
- What is administrative mediation?
- Public Service Litigation: What is mandatory mediation?
- What is the right to error in the face of administration?
- Can the administration be asked to check a procedure?
- How do I consult the decisions of his town hall, his department or his region?
- Taking legal action against the administrationService-Public.fr
- Disputes with the administration: administrative appeal, defender of rightsService-Public.fr
- Obligations of the administration vis-à-vis usersService-Public.fr
- Send a request to the administration by mail or paper formService-Public.fr
- Send a request to the administration by email or internetService-Public.fr