Compulsory Enforcement of Administrative Acts: Key Principles

Posted on Jan 31, 2025 in Law

Compulsory Enforcement of Administrative Acts

Compulsory enforcement is not an independent declaration of intent with content and judicial effects different from those of the original administrative act. This differs from the sanctioning power of the Public Administration (for example, a fine for speeding). The means of compulsory enforcement are used to make those who are obliged by an administrative act obey it.

Requirements to Initiate Compulsory Enforcement

  1. The administrative act must contain a precise obligation (obligations can be of different kinds: giving, doing, not doing, and bearing obligations) on one or more parties, which cannot be the Public Administration itself.
  2. Once the administrative act has been notified to the party obliged to fulfill it, the recipient voluntarily decides not to fulfill it.
  3. Ex officio processing by the Public Administration on the grounds of inviting the obliged party to voluntarily fulfill the obligation contained in the administrative act. The Administration also has to inform them about what it will do if they refuse to comply.
  4. The enforcement of the administrative act must not be suspended or submitted, either by constitutional or legal prescription, to the prior intervention of a tribunal.

Cases Where Compulsory Enforcement Cannot Be Applied

  1. When it is the Public Administration itself which is obliged by an administrative act and has failed to fulfill it. The Public Administration cannot apply compulsory enforcement to itself.
  2. When the legal effect has been carried out by a purely declarative act. For example, the granting of a decoration.
  3. When the administrative act deals with an obligation of a personal nature. In this case, the non-fulfillment transforms the initial obligation into a substitute one consisting of compensation for damages, which may be subject to compulsory enforcement.
  4. When the obligation imposed by an administrative act is attributed to another Administration distinct from the author of the act, over which it lacks authority. For instance, a municipal act imposing a tax obligation on the State.

Therefore, enforcement is only applicable when:

  • Administrative acts impose an obligation on a party, and
  • The party refuses to comply with it.

Principles of Compulsory Enforcement

Two principles must be taken into account in relation to compulsory enforcement: least burdensome and proportionality.

  • Least Burdensome: This principle obliges the Administration first to seek the collaboration of the administered and then to use the least harmful means.
  • Proportionality: This principle obliges the Administration to carry out a fair compulsory enforcement, that is, equivalent to the content of the duty.

Methods of Compulsory Enforcement

There are different ways to enforce compulsory enforcement, such as enforcement affecting property, accessory execution, coercive fines, physical compulsion, and administrative eviction. This document will focus on two of these means: enforcement affecting property and accessory execution.

A) Enforcement Affecting Property

This is the most commonly applied technique. It is applied when the act to be executed consists of cash, such as the payment of a fine, taxes, and any other credit on the Administration. If these debts can be transferred into money and the debtor does not pay them, the Administration can receive payment through the debtor’s compulsory payment.

The procedure to be followed (in case of non-payment by the debtor) entails the seizure of the debtor’s assets (usually their current account), but only the amount of money needed to pay the debt and all extra charges. If this seizure requires entering the debtor’s home (in the case of personal property), judicial authorization is needed. The procedure normally ends with the sale of the seized assets by means of a public auction. This can be avoided as long as the debtor pays the debt or a judicial reclamation is made by a third party.

B) Accessory Execution

Accessory execution is applied when the act to be executed consists of a non-personal obligation, so that it can be carried out by a person who is not the debtor. The demolition of a building which is in ruins can be an example of accessory execution. The demolition will be carried out by anyone, regardless of who it is, but not by the debtor himself.

The execution will be carried out by the Administration itself or by a third party, at the debtor’s expense.