Part III

An analysis of EU case law shows that the fundamental element of the adequacy of the reasoning in an administrative act is its legality. According to the EU courts, reasoning is sufficient if it demonstrates the application of the laws in force at the time the act was adopted and is capable of explaining the solution chosen by the administration. To assess compliance with the obligation to state reasons, there must always be at least a preliminary statement of reasons, as the reasoning may be supplemented before the court. What is important is that the court has the power to exercise ex officio review of the obligation to state reasons, as well as of the adequacy thereof.