Fundamental principles governing the adoption of administrative acts: a guarantee of the legality and efficiency of administrative activity

URL: https://dspace.academy.police.md/fundamental-principles-governing-the-adoption-of-administrative-acts-a-guarantee-of-the-legality-and-efficiency-of-administrative-activity/

Data: 2026

This article examines the fundamental principles governing the three-phase process of the administrative act — drafting, adoption/issuance, and application — from the perspective of administrative law doctrine in the Republic of Moldova and Romania. The study systematically analyses, for each phase, the principles that confer legitimacy, legality, and efficiency: legality, competence, and expediency in the drafting phase; motivation, proportionality, the right to a hearing, transparency, and equality in the adoption phase; mandatory force, communication/publication, revocability, and judicial review of legality in the application phase. The central conclusion is that compliance with these principles is not a discretionary option for the administration, but a legal obligation guaranteeing individual rights and the proper functioning of the rule of law.