The principle of administrative neutrality and its impact on the legitimacy of administrative activity - A comparative analytical study -

Abstract

Abstract: The principle of administrative neutrality represents a governing legal value for administrative activity in the modern state. It stems from the idea that administrative legitimacy is not achieved through legal texts alone, but rather through impartial administrative conduct. It establishes the concept that administrative authority is a legal function, not a privileged position, and makes equality an objective criterion for the legitimacy of administrative actions. Neutrality is organically linked to the protection of fundamental rights and freedoms, prevents the use of discretionary power as a tool for discrimination or exclusion, and constitutes an effective legal constraint on the conduct of public administration. It prevents deviation from its intended purpose and limits administrative abuse through legitimate trust between the individual and the administration. It enshrines the principle of legitimacy as a practical, not merely theoretical, value, and makes judicial oversight more effective in regulating administrative work. This leads to the rationalization of administrative action and its alignment with the public interest, achieving a balance between administrative efficiency and the protection of individuals. It prevents the politicization of public office, thus establishing a neutral administration serving the public good as a tangible institutional reality, not a theoretical slogan.