Key Principles of Public Administration: Responsibility & Efficiency
Key Principles Inspiring Public Service
The following principles inspire public service:
Responsibility: Taken from Article 4 of the LOC General Bases for the Administration of the State, reiterating a rule in the EPC (Article 38). The State is liable for damages caused by administrative bodies exercising their functions, without prejudice to the responsibilities affecting the officer who caused the damage. This liability points to a lack of service, which can stem from three reasons: wrongdoing by the State, acting too late, or failing to act.
Efficiency and Effectiveness: Taken from Article 5, paragraph 1, which states that authorities and officials must ensure the efficient and appropriate management of public resources and the proper performance of public functions.
Coordination: Drawn from Article 5, paragraph 2, which indicates that state administration organs perform their tasks in coordination, fostering unity of action and avoiding duplication of functions or interference.
Drive Office of Procedure: Taken from Article 8, paragraph 1, which states that state administration organs will act on their own initiative in carrying out their functions, or at the request of a party when the law expressly requires, or through the right to petition or complaint, seeking to simplify and expedite proceedings. The CPE grants the right to request information from any authority, provided it is done respectfully.
Impeachability: Taken from Article 10, which states that administrative action can be challenged through legal remedies. One can always bring a replacement action to the same body that issued the act and, when appropriate, use hierarchical appeals to a superior body.
Control: Taken from Article 11, which states that authorities and headquarters, within their competence and appropriate levels, will maintain permanent hierarchical control over the functioning of organisms and the performance of their personnel. This control extends to both efficiency and effectiveness in meeting goals and objectives, as well as the legality and propriety of actions (logging merits and demerits, and prequalification performance reports).
Probity: Taken from Article 13 in conjunction with Article 52, paragraph 2, which states that the principle of administrative probity requires spotless and honest official conduct in the performance of the function or position, with preeminence given to the general interest.
Transparency and Advertising: Derived from Article 8 of the CPE in conjunction with Article 13 of the LOC General Bases of the State Administration, which states that all acts and resolutions of the Administration of the State are public in content and in their foundations. Only a quorum law may establish the nature of secrecy and confidentiality of certain acts. For example, Law 20,285 on access to public information defines enabled transparency (the updates agencies post on their web pages) and passive transparency (citizen requests for specific public information, which the agency must provide within 20 days).