Understanding Administrative Acts: Elements, Classes, and Procedure
Administrative Act: Key Concepts
Administrative Act: An act of public administration within the administrative law framework.
It has three key characteristics that differentiate it from other acts:
- It is a legal act.
- It is dictated by administrative bodies of the executive branch.
- It is subject to administrative law.
Elements of an Administrative Act
Subjective Element
The organ or person with the authority to dictate the act.
Circumstances:
- It must originate from the administration.
- It must be dictated by a competent agency:
- Territorial competence: depends on the territory.
- Hierarchical competence.
- Functional competence: the organ must be competent for the matter.
- The organ holder must legally fulfill all requirements.
- The act must be dictated impartially.
Objective Element
The content of the act.
- The behavior of an administrative organ or person.
- A specific good.
- A status.
The administrative declaration must be:
- Lawful: Subject to the law, avoiding abuse of power.
- Possible: It must be something that can be done.
- Determined: For example, when the administration notifies the tax amount.
Final Element
Any action or activity of the administration that pursues public interest.
Formal Element
Administrative acts must be in writing.
Two formal elements are:
- Motivation: The reason for the administrative decision.
- To resolve complaints or appeals.
- To suspend previous acts.
- To extend agreed deadlines.
- For discretionary acts, where the administration has some degree of discretion.
- Notice: The administration must notify interested parties of decisions affecting their rights and interests.
- Personal notice: in most cases.
- Non-personal notice: when interested parties are unknown, notice must be published in official gazettes.
These elements are necessary for an administrative act to be valid. Without them, the act is flawed. If the flaw is significant, it can cause the act’s invalidity.
Acts Declared Null
- Acts that infringe fundamental rights and freedoms recognized in the constitution.
- Acts dictated by a territorially or functionally incompetent organ.
- Acts with impossible content.
- Acts issued without regard to legally established procedures.
If the flaw is significant, the act may be canceled.
Classes of Administrative Acts
By Organ Issuing the Act
- Simple act: dictated by a single administrative organ.
- Complex act: issued by various administrative organs.
By Extent of Effects
- Single act: for one person.
- General act: intended for a plurality of people.
By Legal Basis
- Regulated act: the administration acts as commanded by law.
- Discretionary act: the administration has a margin of discretion.
By Externalization
- Express act: the will of the administration is expressed in writing.
- Implied act: when the administration does not answer (complaints).
Administrative Procedure
The law should specify the means for interested parties in a case:
- Those who have rights or legitimate interests.
- Those affected without initiating the procedure.
Phases of the Procedure
Initiation
Can be initiated by the administration or by an interested party, with the following information:
- Identification of the concerned party.
- Date and signature.
- Facts, reasons, and petition.
- Organ or unit addressed.
The following principles apply:
- Officiality: the administration will proceed with the procedure.
- Equality: strict order of entry date.
- Speed and efficiency: all cases should be expedited.
- Responsibility: officials are responsible for the files.
- Guarantee of individuals: interested parties can argue faults and flaws.
Instruction
- Arguments: interested parties can present allegations.
- Evidence: must justify the facts and demonstrate all claims.
- Reports: opinions issued by qualified entities (within 10 days).
- Hearing of stakeholders: processed before issuing the resolution.
- Public Information: if the administration considers it necessary, it will be published in the official bulletin.