Chapter Author: Duty of Legality of Public Administration in Case of Conflicting Norms

Book Description:

In this important work that addresses the principle of legality in Environmental Law, we analyze the said principle as applied to Public Administration.

Interpretations of the principle of legality have varied over time. Since its inception during the French Revolution, significantly influenced by positivist ideas, up to the present day, the conceptualization of the law has undergone various adjustments. However, there are similarities across different legal systems, especially concerning its application to the actions of Public Administration.

The problem addressed is the verification of the duty of legality in the actions of Public Administration in cases of conflicting norms.

In this regard, the objective was to analyze how Public Administration should behave in the face of normative conflicts, based on the principles of legality, efficiency, and legality.

The research is justified by the need to analyze the normative conflict imposed on Public Administration, arising from the competency relations between environmental agencies responsible for the protection and supervision of the environment.

To this end, the deductive theoretical-documentary method was used, based on the author's experience and bibliographic and legal analysis.

In the first section, the concept of the principle of legality and its application within Public Administration is addressed, initially covering the notion of administrative act to contextualize the reader regarding administrative action. The second section aims to briefly present the principle-based theory established by Robert Alexy and Ronald Dworkin, and then analyze the relationship between the principles of legality and efficiency. The third section provides an analysis of the emergence and concept of legal hermeneutics, essential for resolving normative conflicts, also examining the relationship between the principle of legality and the duty of legality. The fourth section deals with constitutional competence in environmental matters and, finally, the fifth section addresses cases of normative conflicts and the criteria for resolving legal antinomies.