the The principle of transparency in administrative work and its impact on the legitimacy of administrative decisions

Abstract

The principle of transparency in administrative work is considered one of the most fundamental principles that contribute to the establishment of good governance and the strengthening of trust between the administration and individuals. Transparency refers to the clarity of administrative procedures, the accessibility of information, and enabling individuals to examine the foundations and standards upon which the administration relies in making its decisions. It is regarded as an effective tool for limiting administrative deviation and corruption, and for ensuring that administrative decisions are issued in accordance with the law and the public interest rather than private interests. In light of the importance of this principle as a fundamental guarantee against administrative arbitrariness and as a means of reinforcing the administration’s subjection to the principle of legality, the study addresses the problem of the adequacy of the legislative regulation of the principle of transparency, and whether such regulation is capable of ensuring its effective practical implementation, or whether there exists a legislative deficiency and a gap between legal texts and administrative practice, negatively affecting the legality of administrative decisions. The study adopted the analytical method through the analysis of legal texts regulating the principle of transparency, supported by the comparative method in certain aspects, in addition to referring to relevant judicial applications, with the aim of examining the effectiveness of this principle in both theoretical and practical frameworks. The study concluded that the principle of transparency constitutes a fundamental pillar in enhancing the legality of administrative decisions by ensuring access to information and enabling individuals to monitor administrative actions. However, this principle still faces relative shortcomings at the legislative level, in addition to weaknesses in practical implementation, which limit its effectiveness. Accordingly, the study recommends strengthening the legislative framework governing the principle of transparency and activating its implementation mechanisms in a manner that ensures a balance between administrative privileges and individuals’ guarantees within the framework of the rule of law.