Published June 1, 2022 | Version v1
Journal article Open

Universell einsetzbare Leerformelbegründungen in Entscheidungen mit erhöhten Begründungsanforderungen

Description

In all areas of law, 'empty formulas' (or 'merely formulaic phrases') in executive and judicial decisions with increased justification requirements are regarded as serious errors of reasoning that call into question the correctness of the decision. In administrative decisions, empty formulas are even equivalent to the complete absence of a statement of reasons. Based on the observation of a divergence in case law that has existed for around thirty years - both between different specialist courts as well as within the same specialist court - the article discusses the causes and constitutional consequences of empty-formula justifications in decisions with increased reasoning requirements. For the first time, it systematically summarizes the characteristics of empty-formula justifications and discusses their applicability in executive and judicial practice. 

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