The Judicial Control of the Administrative Acts Legality in Community Law. Exempted Acts of the Community Judicial Control

Abstract

The present paper has as its main objective to present the role played by the legality principle for the rule of law as well as to analyse the signification of legality control of administrativeacts in the context of European Union law, and to present those acts that are excerpted from the jurisdictional control of legality. In order to achieve this result the doctrine was analysed and compared to the jurisprudence of the European courts. In our opinion the legality principle has to be interpreted in a permissive manner of the obligation to respect and comply to the «legality block»composed of the defining rules of the three distinct juridical systems, the national norms, the European Union norms and those established by ECHR as well as the conformity to the jurisprudenceof the European Union Court of Justice and the European Court of Human Rights, taking into consideration the fact that their decisions have law value and are extensions of the legality principle.

Keywords

• state law
• legality principle
• judicial control