Administrative Bodies and Legal Relations in Public Administration

Posted on Dec 3, 2024 in Law & Jurisprudence

1 – Government Bodies

Before the European Commission (EC) assumed executive powers of self-organization, this power was not controlled. However, following the EC, the government’s authority to form its own bodies is recognized. This power is exercised under the supervision of judges and courts; no government can act arbitrarily, and any action can be subjected to judicial review.

Article 11 of the Law on the Legal System and Common Administrative Procedure provides that each public administration defines its jurisdiction, administrative units, and the special features of its organization (the power to issue rules).

2 – Administrative Body

Administrative units are assigned functions with legal effect against third parties or whose performance is mandatory.

2.1 – Elements of Administrative Bodies

• Competence
• Human and real resources
• Financing or funds needed for their activity
• Holder

2.2 – Requirements for Creation

• Determine where and how the body is integrated within the public administration, including its hierarchical dependency.
• Identify its roles and responsibilities.
• Allocate a budget for its implementation and operation.

The only limit to creating a new body is that there cannot be another body with the same powers.

2.3 – Types of Organs

• Unipersonal: Those with a single owner.
• Collegiate: Structures of two or more members. Decisions are made at meetings, and agreements must be adopted by majority rules. Its structure is:
  1. Chairman: Appointed by the Government or internally. Functions include:
     • Representing the college.
     • Announcing decisions.
     • Convening meetings and setting the agenda.
     • Monitoring compliance with laws and rules.
  2. Secretary: May or may not have a vote (votes if a member of the administrative body; if an official or employee, has a voice but no vote). Functions include:
     • Managing and implementing decisions.
     • Custody and keeping minutes of meetings.
     • Issuing certificates.
  3. Plenary: The body that brings together all members, along with the president and secretary.

3 – Administrative Legal Relations

The legal relationship linking public administration and individuals requires that the administration has legal personality, as expressly stated in the law.

3.1 – The Administered

When a citizen is related to the administration, they become the administered, a person or entity considered from a private position regarding the administration or its agents. Legal capacity in administrative law is similar to legal capacity in private or civil law. Article 30 of the LRJPAC (Law on the Legal Regime of Public Administrations and Common Administrative Procedure) governs the capacity to act before the government, including minors exercising and defending their rights and interests as permitted by administrative law without assistance from a custodian, guardian, or curator.

An exception exists for disabled individuals when the disability affects the exercise and defense of their rights or interests.

3.2 – Location of Active Subject

This implies that the administered holds power over the administration. Active individual situations can be differentiated between being a holder of a right or a legitimate interest:

• Holder of a Subjective Right: A specific area of power granted to an individual by law, allowing them to demand a certain benefit from others.
• Legitimate Interest: A situation where a natural or legal person may benefit from or suffer a concrete and specific injury due to administrative action.

3.3 – Taxable Situation

The administrator is under the administration.

• Public Duty: A passive legal status imposed directly by law, generally for the collective or general interest. This duty exists independently of a complete legal relationship (e.g., taxes).
• Legal Obligation: The legal requirement to perform conduct, such as giving something, performing an activity, refraining from certain actions, or bearing a given act of others, established by law for the benefit or use of another person who has the power to demand it.
• Load: The legal requirement to perform specific behavior, usually involving positive action, that grants access to benefits or rights.

3.4 – Administered Rights (Art. 35 Law 30/1992)

• To use official languages in the territory of their autonomous region.
• To obtain information and guidance on legal and technical requirements imposed by existing provisions on projects, actions, or applications they propose to undertake.
• To be treated with respect and deference by authorities and officials, who should facilitate the exercise of their rights and fulfillment of their obligations.
• To require the responsibilities of public administrations and their personnel, as appropriate, in courts.
• To access records and government files.

4 – The Administrative Act

4.1 – Concept

It is the declaration of will, opinion, knowledge, or desire by the administration in the exercise of administrative power. It is the most common form of relationship between the government and stakeholders. Administrative action, whether by the government’s own motion or upon application, must be produced by the competent body through the established procedure. The content of these acts will be as specified in the law and suitable for the intended purpose.

4.2 – Requirements

• Conducted by a public administration unilaterally.
• Have a particular, not generic, content resulting from applying administrative rights.

4.3 – Elements

• Subjective: The act must come from an administrator authorized under the law.
• Objective: Content of the act. For an administrator to make an act, it must satisfy all legal requirements, and the content must be adjusted accordingly.
• Formal: The procedure to be followed for issuing the act and how it is manifested. The administration is responsible for completing formalities; if there is a complaint after the event, it must demonstrate that it has fulfilled the legal proceedings. Generally, it should be reflected in written form, although other forms are allowed.