تسبيب القرارات الإدارية : دراسة مقارنة

Abstract EN

The submission of «Administrative Authority» to the law acquires it an advanced level of modernity and democracy, where it follows the minimum standards of human rights in obtaining information and titles its decisions with transparency and accountability.

This study aims to achieve benefit to both sides: theoretical and practical, for the administrative parties and individuals equally.

It is one of the subjects that immerse in studying non- judicial administrative proceedings.

Causation of administrative decisions is among the key topics and up dated to provoke the legitimizer on issuing relevant laws to the administrative proceedings that require causation for protecting individuals› rights and liberties against administration›s injustice and arbitrariness and in the field of monitoring administrative decisions.

However, the juristic and administrative judges in the Arab system have agreed that the administration is not obliged to cause its administrative decisions; unless there is a clear statement in this regard that indicates otherwise.

Causation in definition is considered as phenomena of the external phenomena and accuracy condition for the administrative decision, where the administration cause through it and by mentioning legal and actual reasons that led to issuing the decision.

Neglecting causation in necessary causes leads to the falsification of the administrative decision.

There are several conditions that grant the legitimacy to causations that includes: written, direct, up to date with the decision issuing, detailed, Arabic language and states legal; and actual reasons.

Types of causations to administrative decisions differ upon the angle we are looking at; it would be optional or compulsory with a legitimate provision.

Through looking at the source: law or judiciary and by looking at the timing it is either to the core of the decision or later on.

The causation importance lies in helping the administration in checking, examining and looking thoroughly, and its commitment to legitimacy principle when taking administrative decisions; as for individuals it promotes trust .between them and the administration