Unele probleme ale puterii discreţionare şi ale excesului de putere în activitatea autorităţilor statului

jud. lector univ. dr. Marius ANDREESCU

ABSTRACT

A problem of essence of the state is the one to delimit the discretionary power, respectively the power abuse in the activity of the state’s institutions, the legal behavior of the state’s institutions consisting in their right to appreciate them and the power excess that generates the violation of a subjective right or of the right that is of legitimate interest to the citizen.

The application and nonobservance of the principle of lawfulness in the activities of the state is a complex problem because the exercise of the state’s functions assumes the discretionary powers with which the states authorities are invested, or otherwise said the ‘right of appreciation" of the authorities regarding the moment of adopting the contents of the measures proposed. The discretionary power cannot be opposed to the principle of lawfulness, as a...