Administrative Law: Concepts, Rights, and Legal Acts
Given Concept
Traditionally, the term “given” referred to the recipient subject to the exercise of administrative powers, i.e., the person in a juridical and administrative counterpart to the Administration.
The LRJ-PAC replaced the term “given” with “citizen,” which inherently carries the idea of individual rights against the State. However, the term “citizen” should be construed broadly, as it would otherwise exclude, for example, legal persons in the economic field, who have a higher rate of litigation against the government.
Circumstances Affecting the Ability of Managed and Examples
Legal capacity refers to a person’s ability to be a subject of rights and obligations.
Capacity to act refers to the ability or attitude to operate legally.
Several circumstances affect legal capacity in administrative law:
- Nationality: For example, Article 56 of the Civil Service Statute states that only Spanish citizens can access the civil service. Following the entry into the EU, this was amended by Article 57, as concessionaires are not foreign, and voting rights differ between Spanish and foreign citizens.
- Residency: Individuals residing in a given community will have a series of rights and obligations that differ from those in other communities. For example, stamp duty varies between communities.
- Age: Civil service laws prevent individuals from working as staff members before the age of 18 or after reaching 65. This may differ in other professions.
- Illness: Certain professions may be unsuitable for individuals with specific illnesses.
- Home: This refers to the location to which one belongs. For example, trash service fees may vary between towns.
Some Rights from Article 35 LRJ-PAC
- To know, at any time, the status of processing procedures in which they have the status of stakeholders and obtain copies of documents contained therein.
- To identify the authorities and staff serving the government under whose responsibility the procedures are processed.
- To obtain a copy of submitted documents, sealed and submitted with the original, and the return of these, except when the originals should remain in the proceeding.
- To use the official languages in the territory of the Autonomous Region following this Act and other legislation.
- To make representations and produce documents at any stage of the proceedings before the hearing procedure, which must be taken into account by the competent body to draft the proposed resolution.
- Not to present documents not required by the applicable procedural rules in question or already in the possession of the acting administration.
- To obtain information and guidance on the legal and technical requirements that the existing provisions imposed on projects, activities, or requests that it intends to conduct.
- To access records and archives of the government under the terms provided in the Constitution and in this or other laws.
- To be treated with respect and deference by the authorities and officials, who will facilitate the exercise of their rights and fulfilling their obligations.
- To enforce the accountability of public administrations and staff at your service, where legally appropriate.
- Any others recognized by the Constitution and laws.
Main Legal Acts of the Administrator
- Request: Requests made by the administered under a standard, requesting its application, closely linked with Article 42 of the LRJ-PAC.
- Acceptance: An act of submission that requires the compliance of the standard pair managed to apply. For example, the inauguration of an official. Until it is done, the individual is not officially in office. This is an act of submission and consent.
- Contracts: Agreements of wills between the administration and the administered.
- Resources: Proceedings by the administered against impugned administrative acts considered contrary to law.
- Disclaimer: Acts by which the administered abdicates rightful ownership.
- Requirements: Acts by which the administered calls for the administration to perform a particular activity. There are new models for the 25/09 law amending some articles of the LRJ-PAC, amending and including Article 71 and Article 71 bis, such as previous communications and statements of responsibility.
- Advance Notice: A document by which the governed brings to the attention of the administration their data and requirements for exercising a right or beginning an activity.
- Responsible Declaration: A signed document by which the individual states, under their responsibility, that they comply with the requirements or possess the necessary documentation for exercising a right and commits to it.
Difference Between Authorization Rules and Discretion
Authorization Rules: These aim to control the legality of the proposed private activity (e.g., building permits or planning).
Discretionary Authorizations: In addition to checking legality, the Administration must also ensure that public and third-party interests are not harmed (e.g., many environmental permits and installation of industrial activities). The denial of such discretionary authorizations, while an unfavorable act, must be strictly motivated.