The Court of Caras Severin suspended an administrative act ordering the removal from office of a person, on the grounds that the act was not sufficiently motivated. For the period of their suspension, administrative acts are no longer effective.
The Tribunal found that the administrative act was not sufficiently substantiated because it did not specify the concrete circumstances which led to the dismissal.
The Caras Severin Tribunal has established that when the content of an administrative act does not reveal the concrete circumstances that led to its adoption, it is considered not motivated.
The motivation of an administrative act is an essential element for the formation of the citizens’ conviction as to the legality and appropriateness of the administrative act.
The court decision states that complying with the obligation to motivate the administrative act is important because it has the effect of reducing the discretionary power of those who have decision-making power.
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