THE APPLICATION OF THE LEGALITY PRINCIPLE IN THE ADMINISTRATIVE ACTIVITY IN THE EUROPEAN UNION COUNTRIES

Dumitrita FLOREA (ionescu) () and Alina Larion ()
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Dumitrita FLOREA (ionescu): “Stefan cel Mare” Univeristy of Suceava, Romania
Alina Larion: “Stefan cel Mare” Univeristy of Suceava, Romania

The Annals of the "Stefan cel Mare" University of Suceava. Fascicle of The Faculty of Economics and Public Administration, 2009, vol. 9, issue Special, 294-300

Abstract: The state must be govern by the law. The state must established with precision the limits of it’s competences likeness the law, as respect the citizens liberties, it mustn’t action more than come under it’s legal competence. An essential characteristic of the state govern by the law is the principle of the legality of the administration activity, which, with the organizational division of the power of state in three component elements, has like scope the guaranty of the citizen liberty to direct intervention of the state. The develop of the equality principles of the peior persons and of those of the legal safety, as the protection of the individual rights by the independent courts, play a major role in the completion of the state obedience to the law’s sovereignty. This develop led to a quasi-total obedience of the administration to the law, which at it’s turn, it’s submit to the constitutional law. There is an agreement between the European states – despite of theirs different historical development – regarding with which constitute the basic principles of the safeguard of the peior person’s liberty, and regarding the fundamental rules for the democratic exercise of the power of the state. Regarding the various organisms of the European Union, these are empowered to action only in the specific designated spheres, which are establish in the formal stipulations and precise defined. Much more than that, they had at their disposal an complete system of the rights protection, in which The European Justice Court represent the central element. Therefore, there is an unity of the views of the member states up there that the concept of the state govern by the law in the most general terms was accomplish, in the sense that any exercise of the executive power must discretionary and limited by the law.

Keywords: public administration; administrative law; compared law; state of right; legality principle; administrative deed. (search for similar items in EconPapers)
Date: 2009
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