Data, Tech & IP - Human Rights - Justice & Litigation

Op-Ed: “Pre-drafted template text as statement of reasons:  HYA and others (Motivation des autorisations des écoutes téléphoniques) (C-349/21)” by Meinhard Schröder

Meinhard Schröder

A statement of reasons is an essential document in many contexts, particularly in court judgments and in administrative decisions. Without a statement of reasons, decisions may be made arbitrarily, without proper consideration of relevant factors of the case, or in a way that is difficult to understand or challenge. Accordingly, the ‘right to good administration’ (Article 41 of the Charter of Fundamental Rights) explicitly includes ‘the obligation of the administration to give reasons for its decisions‘, and article 47 of the Charter of Fundamental Rights is interpreted by the Court of Justice as requiring a statement of reasons, not only for decisions taken by EU institutions (e.g. Ipatau/Council, C-535/14, para 42) or national authorit

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