The Expediency of Administrative Acts and the Principle of Proportionality

Abstract

Inexpediency is a reason for the annulment of the administrative act when the same is challenged in an administrative procedure before the immediately superior administrative body. We can talk about the expediency of the administrative act only when the act is issued under the conditions of operational autonomy. In legal reality, the addressees of administrative acts rarely contest their expediency. The reason for this is that the expediency of the administrative act cannot be challenged in a court of law, but only in an administrative one, and that before an administrative body in the same state structure as the issuer of the act, which leads to a lack of objectivity and impartiality in the exercise of administrative authority control for the expediency of the administrative act. In addition, despite its legal importance, the legal framework of this legal institute is extremely scarce, which makes it difficult for its proper application by the administration. It is necessary to distinguish between the expediency of administrative acts, their inconsistency with the purpose of the law, and the principle of proportionality, although all three institutes have many similarities.