THE LEGALITY PRINCIPLE IN THE ACTIVITY OF THE PUBLIC ADMINISTRATION – CROSSING BETWEEN ENVIRONMENTAL PROTECTION AND POLITICAL NEGLIGENCE. A CASE STUDY

Abstract

"Public administration, especially at the local level, often operates within the framework of established legal principles. However, there can be events in the life of a community when the political factor, driven by the desire to pursue a higher purpose of great meaning for that community and under great scrutiny and pressure from public opinion, as is, for example, the need to protect the environment and think in terms of sustainable development, may choose to override the need to respect the principle of legality.

Using a case-study as a starting point, our paper analyzes the roles of different public authorities in adopting a local normative administrative act that does not comply with the principle of legality, under the expressed wish to protect the environment. We will examine whether the political factor chose the best legal solutions for pursuing environmental protection."