The element of aim of administrative act

Every declaration of intention which is made to bear legal consequences has an aim. Although persons have the right to set their aims while they are making a private-law transaction, administrative acts which are the means of administrative function can only be executed with the aim of public interest. Moreover, as a result of being executed by using a public authority prerogative, administrative acts can only be constituted for public interest. However, the second article of the Procedure of Administrative Justice Act (Act No. 2577) also rules this necessity as a statutory obligation. The article principally rules that the administrative acts which are contrary to law in terms of aims can be suited to action for annulment. Besides, it determines the elements of administrative acts which are compulsory in order to be considered as lawful. Hence, the element of aim of an administrative act can only be public interest or a more concrete example of public interest, individually regulated by the law. Therefore, administrative acts are required to be annulled when the administration abuses its powers or acts for an aim other than it granted. This thesis, titled "The Element of Aim of Administrative Act", firstly tries to define the administrative acts and to determine the place of the element of aim within the other elements of the administrative act which consists of competence, form, reason, subject, and aim elements. Subsequently, in the context of the principle of legality, whether the administration can regulate of its own aims or not will be discussed. Moreover, in the context of the element of aim, it will be focused on the principles of equality and proportionality. In the last part of the thesis, the types of contradiction to law in terms of the element of aim will be discussed. In this context, the subjective type of contradiction to law which is used as abuse of power in French administrative law, the objective type of contradiction to law which is used as judge-made law by the decisions of the Council of State will be discussed.