Obligation to state reasons for an administrative decision

Verified 15 May 2024 - Directorate for Legal and Administrative Information (Prime Minister)

You received a negative decision from the administration that does not mention the reasons for the refusal? It should be noted that the administration is not obliged to justify all decisions it takes. We will tell you when the administration must give reasons for its decision, and what steps you can take when this obligation is not fulfilled.

The reasons for an administrative decision shall be to present and explain the reasons which led the administration to take the decision.

The statement of reasons must indicate the legal provisions on which the decision is based, and facts which justify the decision taken, taking into account the applicable legal provisions.

Motivation must be written.

The administration has an obligation to to motivate subsequent individual decisions :

  • Measure that restricts the exercise of a public freedom (e.g. deprivation of liberty and/or expulsion of a foreigner)
  • Decision imposing a penalty (e.g. disciplinary action by an official)
  • Authorization subject to restrictive conditions (e.g. building permits subject to special requirements)
  • Cancelation or deletion of a decision which created rights (e.g. termination of the contract of a non-permanent public servant)
  • Prescription, foreclosure or forfeiture (e.g. expiry of a building permit)
  • Denial of a benefit which is a right of the applicant (e.g. denial of an allowance to a person who qualifies)
  • Refusal of authorization (there is an exception if disclosure of the reasons could breach a State secret)
  • Rejection of a administrative appeal of which the presentation is obligatory above all else dispute (e.g. dispute over a contract with the administration)
  • Decision which does not follow a general rule fixed by law or by regulation (decision derogatory)

The situation varies depending on whether the administration has sent you a written decision or not:

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You have received a written decision

Where absolute urgency has prevented a decision from being reasoned, failure to state reasons shall not render that decision unlawful.

However, in the absence of a statement of reasons, you can ask the reasons of the decision within time-limits for bringing proceedings.

The administration should to communicate the reasons for the decision within theone month according to your request.

You have not received a written decision

The absence of a statement of reasons does not make a implied decision Refusal. For example, an implicit decision by an administration to refuse a request for access to a state job.

However, you can ask the reasons of the decision within time-limits for bringing proceedings.

The administration should to communicate the reasons for the refusal decision within theone month according to your request.

The time limit to make a litigation against this refusal decisions is prolonged.

You have 2 months from the day on which the reasons were communicated to you.

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