Understanding Administrative Acts: Types and Classifications
Administrative Act: Definition
An administrative act is a unilateral declaration of particular or general will by an administrative authority within their competence, deciding or judging a matter. Its greatest importance lies in determining the applicable law.
- Act of General Effect: Occurs when a regulation is issued; for example, when the President of the Republic makes rules for the enforcement of tax remission.
- Act with Particular Effect: Occurs when a person is appointed, a promotion is granted, or administrative leave is approved.
According to Rafael Bielsa, any decision of an administrative agency, whether general or specific, within its competence regarding the rights, duties, or interests of the administration or individuals in connection with the administration, is “destined to decide or to judge.”
Classification of Administrative Acts
By Regulation
- Regulated Act: The state is subject to existing laws. The act is fully subject to the law.
- Discretionary Act: The state acts based on mere discretion or will.
By Scope
- Internal Acts: Affect the internal public administration. Internal measures can be challenged through an appeal to a higher authority and then by the courts for judicial review.
- External Acts: Govern outside the government and can be challenged directly in the courts.
By Affected Parties
- Individual Acts: Include decrees, resolutions, and appointments. At the municipal level, these affect specific individuals or public officials.
- General Instruments: Include regulations and ordinances. In terms of legal doctrine, these affect the entire society.
By Procedural Stage
- Preparatory Acts: Prepare for a final act; mere procedural formalities are not required.
- Acts of the Word (Definitive Acts): The authority fully and completely uses its powers regarding a particular situation, meeting all formal and substantive requirements.
By Branch of Government
- Acts of Government (Political Acts): Acts made by the President of the Republic in the national interest, such as declaring a state of siege or calling for elections. The President is exposed to political responsibility and is accountable to political courts; these acts are governed by administrative and constitutional law.
- Administrative Acts (Proper): Governed by administrative law. The President is exposed to political, administrative, criminal, and civil liability. Political responsibility is to the National Congress:
- First instance: House of Representatives (impeachment).
- Second instance: Senate.
By Content
- Acts of Opinion: The administration may be active, dynamic, consultative, or auditing. They act by issuing opinions (broadcasting a trial view).
- Acts of Approval: The Comptroller approves the legality and constitutionality of an act.
- Acts of Admission: The head of service allows the admission of a person to an official position.
- Acts of Concession: The administrative authority allows the use of goods from its property or the provision of a service by the administration.
- Acts of Registration: Intended to record circumstances in records (e.g., real estate purchase, registration).
- Acts of Control: Related to content (e.g., providing a reason).
- Punitive Actions.
- Permissive Acts.
Legal Effects and Challenges
Through an administrative act, an administrative authority can create legal effects, i.e., create, modify, or terminate a right. Judgments are made when the Comptroller General of the Republic and the Labor Inspectorate issue pronouncements. Public administration can be active or dynamic, auditing, or advisory.
A discretionary act can be challenged when there is an abuse of power or misuse of power.