In the modern state based on the rule of law, the right to a reasoned decision is one the most important procedural safeguards as well as a fundamental element of procedural legality the aim of which is the protection of the parties’ rights. Precise, comprehensive and substantial reasoning enables the party to get acquainted with the reasons for the decision and contributes to a greater acceptance of the decision. Moreover, a reasoned decision is a prerequisite for an effective remedy in which the legality of the decision is being reviewed and which indirectly prevents arbitrary decisions of the public authorities. A decision is a unilateral and authoritative measure, issued by competent administrative or other government authority, local authority or bearer of public authority as a superior body in the context of exercising of public authority. Therefore, the procedural legality of individual acts is particularly important.
The thesis addresses the right to a reasoned decision in administrative procedure and administrative dispute in the light of its constitutional basis as well as in the light of the European Convention on Human Rights and EU law. The thesis aims to focus on the scope of the obligation to provide reasons as well as on standards of reasoning for administrative and judicial decisions at the national and European level. The author analyses the national regulation of reasoning for a decision in administrative procedure and administrative dispute and analyses the Administrative Court’s and Supreme Court’s case law in relation to the obligation to provide reasons. Lastly, the author analyses the trends in development of the right to a reasoned decision in administrative procedure and administrative dispute both at European and national level.
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