Legalitatea

Legalitatea is a Romanian term meaning legality, the quality of being in accordance with the law. In legal and political discourse it designates the condition in which actions by public authorities and legal norms themselves are bound by and derived from the law. It is a central component of the rule of law, ensuring that state power operates within predefined legal limits and under proper procedures.

Within constitutional and administrative law, legality requires that administrative acts, rulings, and criminal penalties have a clear legal basis, are issued by competent bodies, and respect due process. The legality principle imposes that norms must have authority, come from valid sources, and be applied in a predictable and non-arbitrary manner. Administrative acts can be reviewed for legality, and acts found illegal can be annulled or held unconstitutional.

Relationship to legitimacy: legality is often seen as a factual constraint on power, whereas legitimacy concerns public acceptance and justification of rule. The two concepts interact: a legal act may be legitimate in a political sense, and a popular mandate can be constrained by the requirement of legality. In practice, the combination of legality and accountability supports governance and rights protection.

Historical and regional context: in Romania, legalitatea has been emphasized in the post-communist transition toward democracy and the European Union's accession, where adherence to the rule of law became a criterion for integration and reform. The term is used in jurisprudence, constitutional doctrine, and political rhetoric to denote adherence to the law and the proper constitutional order.