Administrative Regulations: A Deep Dive
Administrative Regulations
Administrative regulations are legal norms derived directly from the Administration. They are crucial for the Civil Service to function effectively.
Definition
Administrative regulations are general administrative provisions subordinate to the law. Their key features include:
- Issued by Directors-General
- Applicable to all citizens
- Lower legal hierarchy than laws
The Administration has the statutory authority to issue regulations. It’s important to distinguish between administrative regulation and administrative action:
- Administrative action is specific to a recipient, not general.
- The preparation procedures for regulations and actions differ.
- An illegal regulation is void (absolutely invalid), while an unlawful administrative act is voidable (invalid from the date of a judge’s ruling).
Singular Non-Derogable Principle of Regulations
Once an authority with statutory power issues a regulation, it cannot be disengaged or make exceptions for specific cases. Neither the issuing authority (e.g., a minister) nor a higher authority (e.g., the Prime Minister) can make exceptions.
Types of Regulations
State Regulations
These originate from the government. The government’s regulatory power is defined in Law 50/1995, Articles 23 and 24. Regulations can be issued by the President of the Government or the Council of Ministers, and by individual ministers within their respective areas. Regulations from the President are called Royal Decrees, while those from ministers are Ministerial Orders. Royal Decrees are higher-ranking than Ministerial Orders. State regulations supersede local and institutional regulations, but not those of autonomous regions. The preparation procedure and structure of state regulations serve as a template for autonomous regulations.
Regional and Local Regulations
These vary and are unique to each locality. Local regulations fall into three categories:
- Organic regulations: Establish the local government’s structure and bodies, similar to a mini-constitution.
- Common regulations: These are the bylaws, and the power to enact them is comprehensive.
- Bandos: Regulations adopted by the mayor under specific and unusual circumstances.
Institutional Regulations
These can be:
- Executive or policy regulations: Develop a law by specifying requirements, content, and details.
- Independent regulations: Do not develop existing laws but address areas without prior legislation. These cannot infringe on reserved areas like freedoms, rights, property, or taxes.
- Regulations of necessity: Exceptional regulations enacted to address extraordinary risks or disasters (e.g., a state of alarm), as per Article 21.1 m) of the Local Rules Act.
Holders of Regulatory Authority
Regulatory power is based on express or generic authorization. It has two limitations:
- Formal limits: Relate to the procedures outlined in Law 50/1997, Articles 23 and 24.
- Substantive limits: Include the principle of hierarchy, the principle of non-arbitrariness (Article 9.3 of the Constitution), and the principle of retroactivity (regulations cannot be retroactive if they disadvantage citizens).
Procedure and Structure of State Regulations
This procedure typically serves as a model for autonomous regions.