Obligation to state reasons for an administrative decision

Verified 22 May 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

The administration has an obligation to give reasons for certain decisions. The motivation for an administrative decision is to present and explain the reasons that led the administration to take the decision. We tell you in which cases the administration must justify its decision and what steps you can take when this obligation is not fulfilled.

The statement of reasons for an administrative decision shall consist to present and explain the reasons that led the administration to take the decision.

The statement of reasons must indicate the legal provisions on which the decision is based, and the facts justifying the decision taken.

Motivation must be written.

The administration has an obligation to motivate the following individual decisions :

  • Measure that restricts the exercise of a public freedom (e.g. deprivation of liberty)
  • Decision imposing a penalty (e.g. disciplinary action by a staff member)
  • Authorization subject to restrictive conditions (e.g. building permits subject to special requirements)
  • Cancelation or deleting of a decision that created rights (e.g. termination of the contract of a non-permanent civil servant)
  • Prescription, foreclosure or forfeiture (for example, expiry of a building permit)
  • Refusal of benefit which is a right for the applicant (for example, denial of an allowance to a qualifying person)
  • Refusal of authorization (there is an exception if the disclosure of reasons could infringe a state secret)
  • Rejection of a administrative appeal of which the presentation is mandatory above all litigation (for example, litigation involving a contract with the administration)
  • Decision that does not follow a general rule as determined by law or regulation (decision derogating).

The situation varies depending on whether the administration has sent you a written decision or not:

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You have received a written decision

Where absolute urgency has prevented a decision from being reasoned, the absence of a statement of reasons does not render that decision unlawful.

However, in the absence of a statement of reasons, you can ask the grounds of the decision in the time limits for bringing proceedings.

The administration must communicate the reasons for the decision within 1 month according to your request.

You have not received a written decision

The absence of a statement of reasons does not make a implied decision of refusal. For example, an implicit decision by an administration to refuse a request for access to a state job.

However, you can ask the grounds of the decision in the time limits for bringing proceedings.

The administration must communicate the reasons for the decision within 1 month according to your request.

The time limit to make a contentious remedies against this refusal decisions is extended.

You have 2 months from the day the reasons are communicated to you.

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