The motivation behind administrative acts issued by public administration bodies in Ecuador and their consequences

Abstract

One of the requirements established in Article 99 of the Organic Administrative Code is the obligation to provide reasoning, which is considered a fundamental guarantee inherent to the right to due process. In this sense, reasoning in administrative acts is a cornerstone of administrative law, ensuring that decisions made by public authorities are transparent, justified, and subject to legal oversight. These requirements not only guarantee the transparency and legality of administrative acts but also enable citizens to understand the basis of decisions that affect them, thus facilitating the exercise of their rights to defense and appeal. However, it is important to note that the absence of reasoning in an administrative act can lead to violations of constitutional and legal provisions, potentially resulting in the annulment of the administrative act. For this reason, conducting this scientific study has been deemed necessary to ensure that public administration is effective, efficient, and operates under the principles of legality and juridicity. 

The parameters for reasoning established in Article 100 are of utmost importance for preventing arbitrariness by public administrations in the exercise of public power against citizens.