Part III
Simona CRISTEA, Ph.D. in Law, Reader, Sufficient Motivation of an Administrative Act in the Light of ECJ case law
An analysis of the ECJ case law points to the conclusion that the fundamental element of a sufficient motivation of an administrative act legality. According to the community judge, a motivation is sufficient if it refers to the enforcement of laws applicable at the moment when the administrative act is adopted and if it is able to justify the solution chosen by the administration. For the judge even a beginning of motivation should suffice as long as the motivation can be further completed in front of him. What matters is that the judge has an ex officio power to control the obligation to motivate as well as its sufficient quality.
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