PRINCIPLE OF LEGALITY

» Concept

The principle of legality imposes to Public Administration the duty of obedience to the law; therefore, public administration shall respect not only constitutional rights and legal norms but also international norms and citizens? lawful rights and expectations

The principle of legality implies that the law is the legal basis and the limit of administrative activity; hence two consequences stem:

» The prevalence of the law obliges to legal conformity of Administration´s acts, however should they be contrary to the law, they may be legally contested

» The precedence of the law makes the legal basis of Administration acts, therefore Administration may only act under the terms and limits stipulated by law

The law is the legal basis of administrative activity and the public interest its purpose; consequently, in state of need, for the protection of relevant public interests, legal rules and their limits may be breached, but such infringement determines consequences defined by law

» Constitution of the Portuguese Republic

Article 266, no 2

Administrative bodies and agents shall be subject to the Constitution and to the law. And in the performance of their functions, shall act with respect for the principles of equality, proportionality, justice, impartiality and good faith

» Code of Administrative Procedure

Article 3

1 ? Public Administration bodies must act in accordance with the law, within the limits of those powers which may be attributed to them and in conformity with the aims for which the same powers were granted

2 ? Administrative acts carried out under a state of extreme need, without observing the rules set out in such Code, shall be valid, provided that their results could not have been attained by other means, but any parties injured shall have the right to be compensated under the general rules of the Administration?s liability