LEGAL REGULATIONS OF EXECUTIVE AUTHORITIES IN NATIONAL LEGISLATION AND LEGAL PRACTICE
https://doi.org/10.59982/18294359-25.1-ah-10
Abstract
This article emphasizes that any discretion reserved for an administrative body must be structural-that is, regulatory and organized, with the creation of order — which in turn contributes to the adoption of high-quality administrative acts by the administrative body, avoiding violations of human rights and freedoms When exercising their discretionary powers, administrative bodies must comply with legislation and remain aligned with developments in legal practice, including taking into account precedent decisions of the Court of Cassation. Under such conditions, administrative bodies can effectively achieve the purpose of their discretion: to implement proper administration, fulfilling the challenging task of exercising state-delegated discretionary powers while simultaneously maintaining or gaining public trust in their activities.
Furthermore, the article addresses the close interdependence of law enforcement practice and the normative system of legal regulation in the exercise of discretionary powers, based on the effective mechanisms for the exercise of discretionary powers by the administrative body, which stem from the strength of knowledge acquired in practice and the legal assessment of the circumstances of the case, overcoming contradictions, problems arising from controversial aspects of the interpretation and clarification of discretionary powers, highlighting possible solutions to be applied by the administrative body. According to analysis, mechanisms for strengthening the interdependence of law enforcement practice and legal regulations will contribute to the improvement of administration.
Keywords: Legal practice, discretionary power, administrative law, legal regulation, international experience, effective mechanism.
PAGES : 93-102