PREDICTABILITY OF THE NORMS AND THE STABILITY OF LEGAL RELATIONS – COMPONENTS OF THE LEGALITY OF ADMINISTRATIVE ACTS

Alin A. Trailescu
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Alin A. Trailescu: Teaching assistant, PhD. student, West University of Timisoara, Faculty of Law and Administrative Sciences, ROMANIA

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2011, vol. 44, 106-117

Abstract: The author examines the principle of legality in the activity of public administration and the way in which the compliance with or the violation of this principle affects the efficiency of the activities of public authorities, the safety of legal relations of administrative law, as well as the trust of the citizens in their capacity of recipients of the administrative acts. In reference to providing the legality of the administrative acts, the author shows that the public authorities, in the process of elaborating administrative acts, must observe not only the internal law dispositions with higher legal force, but also the main or derived communitarian acts, as well as the general law principles, some of them codified in internal and European legal acts, and others imposed by the established practice of the Luxembourg Court and the Strasbourg Court. In this context, the author focuses on the necessity of the predictability of normative administrative acts and of the stability of legal relations within the procedure of issuance of individual administrative acts, for the purpose of ensuring the legitimate trust of the citizens in the activity of public authorities.

Keywords: State subject to the rule of law; public administration; legality; predictability; stability; legitimate trust (search for similar items in EconPapers)
JEL-codes: K23 (search for similar items in EconPapers)
Date: 2011
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