Abuse of Power / Misuse of Authority

Abstract

Abstract: This text outlines the evolving role of modern public administration, expanding beyond maintaining public order to encompass complex political, economic, and social functions. To fulfill these duties, the administration utilizes legal instruments, centered primarily on the administrative decision.

Key legal concepts highlighted include:

1. Legality Requirements for Administrative Decisions: A valid decision must emanate from a competent authority, comply with existing laws, rest on valid legal and factual grounds, and pursue the specific purpose prescribed by law.

2. Administrative Discretion and Suitability: To ensure the efficient operation of public services, lawmakers grant the administration discretionary power. However, this power is not absolute and remains strictly bound by the principle of legality, fairness, and the public interest.

3. Abuse of Power / Misuse of Authority (Détournement de Pouvoir): When the administration employs its discretionary authority to pursue personal motives or non-public ends, the administrative decision becomes flawed due to misuse of power, rendering it illegal and subject to judicial annulment.