Compliance with the law in the functioning of the administration means that administrative acts and the process of implementation of the acts are carried out in accordance with the law. This ensures that unlawful behaviour is prevented, citizens’ rights are protected and the administration acts in accordance with the public interest.
Compliance with the law in the functioning of the administration must be ensured in the processes of making, implementing and finalising administrative acts. Administrative acts are the acts of the administration that have legal consequences. Administrative acts must be carried out in accordance with the law. This includes requirements such as the subject matter of the administrative act being in accordance with the law, the act being carried out by an authorised person or institution, the act being carried out in accordance with the procedure and the justification of the act being clearly stated.
Compliance with the law is also important in the implementation of administrative acts. The implementation of administrative acts is the stage where the lawfulness of the act is checked. During the implementation of the administrative act, factors such as whether the person taking the action has the authority, whether the subject matter of the action is in accordance with the law, and whether the person taking the action has acted in accordance with the procedure are taken into consideration.
Compliance with the law must also be observed at the finalisation stage. At the finalisation stage of the administrative action, the authority of the person who performs the action, the lawfulness of the subject matter of the action, and whether the person who performs the action has acted in accordance with the procedure are checked. The result of the transaction must comply with the law.
Compliance with the law in the functioning of the administration ensures that the rights of citizens are protected and the administration acts in accordance with the public interest. For this reason, the principles of compliance with the law must be strictly applied within the scope of administrative law. The administration’s acting in accordance with the law forms the basis of a reliable and fair administration.