Administrative Organs & Acts: Structure, Powers, Procedures

Posted on Nov 29, 2024 in Law & Jurisprudence

Administrative Organs

Types and Functions

Administrative organs are units assigned functions with legal effects on third parties. Types include:

  • By number of people: Single or Chartered
  • By activity: Active or Advisory
  • By function: Management or Control
  • By territorial scope: Central or Peripheral

Scope of Authority

Authority is the relationship between public purposes and administrative power. Powers are defined by law, considering:

  • Hierarchy: Static (echelon) and Dynamic (orders and conflict resolution)
  • Coordination: Ensuring effective administrative action

Administrative Powers: Structure

Concentration and Deconcentration

Both are regulated by law. Concentration equips higher bodies with more functions. Deconcentration assigns functions to lower bodies.

Certiorari Distributions

Higher bodies can evoke issues typically handled by lower bodies. This requires reasoned agreement and notification to stakeholders.

Delegation

Upper bodies can transfer exercise, not ownership, of powers to lower bodies. Exceptions include matters related to the head of state and resolution of administrative resources.

Conflict of Authority

Types and Solutions

  • Positive Conflict: Multiple organs claim competence.
  • Negative Conflict: Multiple organs declare incompetence.

Solutions vary based on the involved organs (ministerial, inter-ministerial, local).

Administrative Act

Concept and Elements

An administrative act is a declaration of intent with legal consequences, characterized by:

  • Will: Expression of administrative intent.
  • Procedure: Intermediate steps leading to the final decision.

Classes of Procedures

  • Preparatory: Aimed at issuing an administrative act.
  • Led Form: Procedures for administrative decisions.

Phases of Procedures

  • Initiation: Ex parte or ex officio.
  • Instruction: Clarification, evidence gathering (arguments, reports, proof, hearing, public information).
  • Termination: Culmination with a resolution.

Administrative Silence

Duty to Respond

The administration must respond to requests within a deadline (usually 6 months, or 3 months if unspecified). Silence can be positive or negative, depending on the context.

Value of Silence

Positive silence equates to an administrative act. Negative silence allows for appeals.

Training of Will in Administrative College

Characteristics and Requirements

Collegial bodies involve multiple people. Will formation requires:

  • Call
  • Agenda
  • Constitution
  • Vote
  • Proclamation of vote

Decisions are made by majority vote, with specific rules for abstentions and responsibilities.