Administrative Documents Their Legality and Opportunity in Some of the EU Member States

Abstract

Legality represents the main element of the juridical regime present in the Romanian doctrine and jurisprudence. Between the world wars and nowadays, in the French and German doctrine. The administrative law makes the difference between the government acts and the administrative acts of discretionary authority. Though both categories were evoked by the expression “the discretionary power of the executive” or of the “power of appreciation of the executive”. The relation legality-opportunity of the administrative documents, refer to the fact that, through the view of juridical practice, some theoretical solutions should be made up by reporting to the existent right and other theoretical solution reported to the right created by the judge. In other words, the aim of the public administration, namely a legality element, while the means for touching this target (aim) are aspects linked to opportunity.