PRINCIPLE OF THE PURSUIT OF PUBLIC INTEREST AND PROTECTION OF CITIZENS? RIGHTS AND INTERESTS

» Concept

The principle of public interest and of protection of citizens? rights and interests is the fundamental parameter of framework of the administrative activity. The public interest must be pursued without forgetting citizens? lawful rights and interests; the harmonious synthesis between the public interest and individual rights imposes to Administration the search for decisions that, carrying out the common interest, do not eliminate or limit individuals? rights and interests or, if cannot let to do it, make it in the strict measure of the necessary and with the respective proportionality

The public interest is defined by the Government, while superior organ of Public Administration, and has a meaning and variable content, adjusted to times and options that the law establishes as suitable to the promotion of common good

The public interest is the exclusive and determining cause of the administrative activity and it is the pursuit of this interest that justifies and limits the powers and competences of bodies and public services

In their activity, public employees are exclusively obliged to the pursuit of public interest, of which stems the duty of not supporting and sponsoring individual interests, of not intervening in issues in which they may have direct or indirect interests and of not pursuing own interests that conflict or may conflict, with public interests that shall defend and carry out

» Constitution of the Portuguese Republic

Article 266, no 1

The Public Administration shall seek to pursue the public interest, and shall respect all such citizens? rights and interests as are protected by law

Article 269, no 1

In the performance of their duties, Public Administration public employees, State contractual workforce and other public bodies shall exclusively serve the public interest, as defined, in accordance with the law by the Administration?s competent bodies

» Code of Administrative Procedure

Article 4

It shall be the duty of administrative bodies to pursue the public interest, respecting the legally protected citizens? rights and interests