Challenges of the Knowledge Society (Jun 2023)
THE NEUTRAL CHARACTER OF THE SANCTION OF REVOKING AN ADMINISTRATIVE ACT
Abstract
One of the multiple valences of the law state is translated into the fact that any administrative act issued or adopted by the state authorities must meet a series of characteristics that correspond to legal requirements, to be timely, to be issued for the purpose of achieving a public or private interest , but also to correspond entirely to the legal purpose on the basis of which it emanates. Therefore, the primary role of state authorities and institutions is to fulfill the requirement of compliance with the law and all legal principles at the time of the adoption of such an act that modifies the internal legal order and to ensure that all legal principles are fulfilled in the case, avoiding in this way the production of a disruption of social relations through the elaboration of the act and to preserve the public interest of preserving the security of legal relations, as well as the private interest of avoiding concrete damage for the particular recipients of the administrative act. In this sense, revoking the administrative act which presents elements of illegality or inexpedientness, legal or factual, stands out as a „sanitary" measure, being intended to eliminate from the administrative circuit any disruptive or damaging elements. Given that the main role of the administrative authorities is to respect the law and protect the public interest, but in such a way that the private or moral interests of individuals are not harmed, it is natural to establish an effective and prompt legal remedy to eliminate any deviation from to the general principles of law or from the administrative acts with superior legal force, being thus removed from the legal order any inadequate administrative acts. From this perspective, the revocation presents the mixed valences of a sanction and a public law remedy, involving the prompt intervention of the issuer or its hierarchically superior structure to abolish the act and to restore legality in administrative law relations. However, in addition to this primary role of the revocation, we will identify in this article a series of other relevant values of this sanction, which outline its complex role, as a neutral remedy and rebalancing of legal relations, which outlines a significant aspect of general prevention in the operational mode of this remedy. As we will reveal in the following, the revocation is intended to prevent the propagation of harmful effects in the internal legal order and at the same time to prevent the occurrence of specific legal damages to the recipients of the administrative act or other individuals affected by its issuance. Thus, the revocation takes shape as an instrument to safeguard the static administrative circuit and as a damage prevention measure being from this perspective a sanction with an obviously neutral character, meaning that the revocation, mainly, does not itself represent the source of distinct damages, but only prevents or removes the already existing ones.
