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THE EFFICIENCY OF LEGAL NORMS IN THE ACTIVITY OF PUBLIC ADMINISTRATION

Elena Mihaela Fodor

FIAT IUSTITIA, 2013, vol. 9, issue 1, 17-25

Abstract: act Legal relations between the public administration and private persons are characterised by the higher‐level position of the administration which can impose its will. This is why, one of the most important principles in the activity of public administration is the principle of legality, meaning that the whole activity is organised and conducted by law. “The law” is in fact the legal norm. Identifying the legal norm that is to be applied to a particular situation is not always easy, as in order to achieve this goal the national legislation, the international conventions that Romania has adhered to, the jurisprudence of the international courts that enforce the international conventions, the European Union acts with direct effect at a national level have to be considered. Many times a control of the compliance of the legal norm with the hierarchy of legal norms, or an interpretation of the legal norm is needed. Who is entrusted with these tasks? What are the powers of the public administration in this area? How is the effectiveness of a legal norm determined by the activity of the public administration? The paper considers these questions.

Keywords: Public administration; legal norm; res judicata; legality (search for similar items in EconPapers)
Date: 2013
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