UPRAVA I PRINCIP VLADAVINE PRAVA: ZAKONITOST I DISKRECIONA OCENA

Abstract

This paper examines the relationship between public administration and the principle of the rule of law, with particular attention to the interplay between legality and discretionary decision-making within administrative action and procedure. The underlying idea is that public administration is not merely an instrument of the executive branch or an apparatus serving the ruling elite, but one of the key bearers of responsibility for ensuring the rule of law in a modern society. Special attention is devoted to the question of how an administrative system can achieve a balance between, on the one hand, the need for efficient and flexible administrative decision-making and, on the other, the need to uphold the principle of legality and maintain oversight of administrative authorities. In this regard, the paper addresses several aspects, such as the theoretical reach of the concept of the rule of law, the normative framework of discretionary powers, as well as certain contemporary challenges related to legality and the rule of law. The aim of this paper is to examine how the rule-of-law principle shapes administrative procedure and standards of administrative action, while also highlighting specific risks and threats to rights, particularly in situations where, in the name of “efficiency” or various competing interests, departures from the principle of legality occur. The paper seeks to provide a general analysis of different aspects of the rule of law in public administration and to propose certain recommendations for improving the principle of legality and strengthening the rule-of-law framework in administrative action, with the objective of ensuring greater legal certainty and enhancing citizens’ trust in the work of public administration. In doing so, the paper emphasizes the significance of the rule of law as a key measure of legitimacy in administrative action within a modern constitutional state.