التسبيب الوجوبي للقرارات الإدارية من منظور الحكامة الرشيدة

Abstract EN

Legal systems differ in the extent to which the administration is obliged to state the legal and factual reasons at the heart of its decisions as defined by the element of attribution.

some states have adopted the principle of compulsory grounds in all administrative decisions except by text, while others, such as Algeria, have adopted the opposite principle of "only by text".

this paper aims at identifying Algeria’s legal system of indulgence and addressing its importance in consolidating the principles of good governance as the newly adopted terms of reference for any reform work.

it was found that the rule of compulsory attribution of administrative decisions would reinforce the principles of administrative governance of transparency, legality, legal security, participation, justice and equality.