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Obligation to state reasons for an administrative decision

Verified 19 février 2021 - Legal and Administrative Information Directorate (Prime Minister)

Additional cases ? Administrative appeal

The administration must justify (i.e. justify) unfavourable individual decisions or derogations. An adverse decision may be explicit (clearly expressed in writing) or implicit (no written response).

The administration must provide the following reasons for its decisions:

  • A police measure or measure restricting the exercise of public liberty. For example, expelling a foreigner.
  • Decision imposing a penalty. For example, the dismissal of an official.
  • Authorisation subject to restrictive conditions. For example, a building permit is subject to special requirements.
  • Cancellation or deletion of a rights-creating decision. For example, termination of the contract of a non-public servant.
  • Prescription, foreclosure or decay. For example, a building permit lapses.
  • Refusal of a benefit that is a right for the applicant. For example, refusal to pay an allowance to a person who meets the eligibility requirements.
  • Refusal of an authorisation, except where disclosure of the reasons could affect a State secret
  • Rejection of an administrative appeal which must be presented first contentious. For example, contract litigation.

Following a administrative appeal, administration notify his decision.

In case of explicit decision, the administration should motivate her in writing.

Reasons for the decision may be provided in an attached document. For example, cover letter, report, opinion.

The motivation must be clear, accurate and factual. It should not only mention the law.

The administrative judge may overturn a decision if it is not or is not sufficiently reasoned.

The statement of reasons must be communicated without delay except in cases of absolute emergency.

If the reasons for the decision are not communicated immediately, the person concerned may request them within 2 months litigation. The Authority shall inform the Authority of the reasons for the decision withinone month upon request.

Following a administrative appeal, the administration may not respond in writing.

Silence kept during more than 2 months on an administrative appeal means that the administration concerned refuses the appeal.

This is an implied decision to reject.

In this case, the person concerned may ask the administration for the reasons for the decision within 2 months litigation.

The Authority shall inform the Authority of the reasons for the decision withinone month upon request.

This is, for example, an administration that does not respond to a foreigner's request for a residence permit.