OBSERVAȚII ASUPRA PUTERII DISCREȚIONARE A ADMINISTRAȚIEI PRIN PRISMA PRINCIPIULUI PROPORȚIONALITĂȚII
OBSERVATIONS ON THE ADMINISTRATION'S DISCRETIONARY POWER FROM A PROPORTIONALITY STANDPOINT

Summary/Abstract: With the evolution of modern state, its functions have multiplied, reaching to regulate most aspects of the daily life of citizens. As a result, the legislature has given public authorities more and more discretionary powers to ensure the functioning of the state apparatus, powers which, if left unattended, could have more disadvantages than benefits. To this end, courts in countries where the rule of law has been strengthened have developed judicial review instruments such as the principle of proportionality in order to reduce the intensity of the discretionary power of the authorities. This study aims to highlight the link between discretion and the principle of proportionality in the current domestic legal context, as we try to explain the main reasons why discretion has become so important in the administration's activity, what exactly does it entail, and the ways in which the administrative bodies exercise it.

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