تسبيب القرار الإداري

Abstract EN

Since the existence of the administration to provide the service in general, and in order to achieve this task has multiple means to achieve its objectives and among these means and the most important legal means, including administrative decision.

In order for this decision to be issued in the correct manner and in conformity with legality, it must be issued in a proper manner and properly constructed so as not to be subject to the supervision of the administrative judiciary.

And the prevailing definition of causation preceded by the reason reflects a legal or realistic situation aimed at the administration to take this decision, and since the legitimacy is subject to modern management to show transparency and legitimacy, whether the speakers of this continent or those involved in those decisions, to know the reason of the decision and not only considerations and this makes the target consistent and compatible with Legitimacy and integrity.

The causative means the disclosure of the reasons on which the administration based its decision, and thus means the existence of an association between them.

If the causation is one of the elements of the formal aspect of the administrative decision, and the rules that determine it related to the legitimacy of the decision and this means that the administration to justify its decision in reality and the law in view of its role as the authority to take decisions, and control legitimacy comes to protect the rights and freedoms from abuse of power.

The importance of causation is reflected in the oversight of the defect of reason and the defect of the shape in the cause of the decision.

These procedures make the judge of the legality (the administrative judge) and exercise control over the legality, and the departure of the administration from the legitimacy is a direct reason to cancel its decision that is flawed by the defects stipulated by the law.

This is therefore in the interests of protecting the rights and freedoms that have been touched by the decision and this supports the trust between management and individuals if the decision of the administration is built