In particular, the 4th Department of the CoE chaired by the vice-president Ilias Mazos and the rapporteur the paredor Nikos Markopoulos (decision 1206/2024), ruled that “the obligation of the administration to justify its individual decisions is a constituent element of the rule of law in conjunction with the principles transparency and legality of administrative action, but also effective judicial protection”.
Furthermore, the SC reports, the Code of Administrative Procedure “establishes the general rule that the individual administrative act must contain a justification, which includes the finding that the legal conditions for its issuance are met”.
This rule of the Civil Code, according to the decision of the Supreme Court, has “the meaning that, in case of questioning the legality of an individual administrative act issued in whole or in part on the basis of automated data processing, both the critical stages of the mathematical calculations in the which the Administration carried out, as well as the actual facts (variables) that were taken into account in this regard, so that on the one hand the person being administered is able to establish whether the conditions laid down by the relevant legal rules have been met in his case, and on the other hand the judge is in position to effectively exercise the relevant judicial control”.
At the same time, the CoE rejected the claims of the relevant ministries that “there is no justification for individual administrative acts when they are issued on the basis of electronic automated data processing, because it is not possible to question the scientific reliability of the entire process”.
Stefanos Kasselakis: Why did he choose Nikos Pappa as president of K.O. of SYRIZA
The bad loss for SYRIZA – Famellos is not resigning as president of K.O.
Horrible crime in Izmir: Father shot his four children and killed three – Tried to commit suicide
SYRIZA: Kasselakis “ate” Sokratis Famellos as well – Nikos Pappas is the head of KO
KTEL Kifisou: Video document from the fight – The taxi mafia and the shock description
Tripoli: 44-year-old woman started fires because she liked to see firefighters – “I wanted to flirt with them”
#CoE #Ministerial #decisions #electronic #data #processing #justified
