Prior Review for Legality and Unresolved Issues

The purpose of the prior review of legality is to be found in its very concept, given that it is a function aimed at verifying the conformity of a certain act with the legal system, before the act itself enters into effect. This should entail the performance of a check that is neither repressive nor liable to interfere with or condition the actions of others. This check, therefore, is not conducted in opposition to the political body, in line with action that does not impede but that is, rather, supporting, and that neither negates nor hinders the power of the administration. Otherwise, the consequence would be a violation of the very meaning of democracy, the first cause of which lies precisely in the relationship of trust between Parliament and the Government. The aim pursued by the control, therefore, cannot be reduced to ensuring the mere formal conformity of the act with the rule; it must also operate to ensure compliance with the interests and values that the controlling entity has an institutional duty to protect. The control function, therefore, must not transform the controlling entity into a watchdog nor a co-manager of administrative action, if the intention is to maintain the relationship between those entrusted with administering and those entrusted with checking, so as not to affect the balance between public authorities and the stability of the legal system.