Understanding Key Principles of Public Administration
Non-Arbitrariness Principle
The non-arbitrariness principle ensures equal rights, equal protection, equal opportunities, and indiscriminate treatment by authorities. Article 19, number 2 states that neither the law nor authority may establish arbitrary differences.
Constitutional Provisions Underlying the Rule of Law
The rule of law is constitutionally established in Articles 6 and 7:
- Article 6: State bodies must submit their acts to the constitution and laws.
- Article 7: The authority of a public entity can only act if it has been duly appointed, designated, or elected.
Competition
Article 7 further elaborates:
- The organs of the state only act upon the investiture of its members, within their competence, and ways to read the law are fixed by law.
- No extension.
- Linked to an end of general interest.
- Belongs to the body or the office and not the person who holds or represents it.
Jurisdictional Dispute
A jurisdictional dispute occurs when two administrative bodies have jurisdiction conferred on a certain subject, or a body is assigned to have competence in another subject, which it says it does not have.
Devolution
Devolution is the voluntary transfer of any of its functions or powers of a public agency to another. In this case, the legitimacy to act comes from another public agency and not directly from the law.
Extension of Competition
In places where there is a certain public service, its functions can be assumed by another. This is known as the extension of competition.
Control of Administrative Acts
Control, in an administrative sense, is distinguished from judicial control. The Comptroller performs preventive or further control of the acts of the administration.
Parallel Between Control and Challenge
- Control Principle: Refers to the control of acts according to the specifications laid down by the law.
- Challenge: Arises from activity where the Administration is not adapted to the Constitution and laws. It is likely to be claimed administratively or judicially annulled so that it can be rescinded.
Efficiency Principle
Administrative bodies must act to simplify and speed up proceedings. Administrative procedures should be expedited without further requirements than those established by law.
Principle of Efficiency
Public bodies must provide an effective service to meet public needs.
Principle of Automatic Initiation of Procedure
When the right of petition or complaint is used, state bodies are obligated to act.
Principle of Officiousness
Organs of the state must act on their own initiative in carrying out their duties.
Principle of Contestability
Any abuse or excessive exercise of power by state organs will lead to actions and resources accordingly. The abused party may complain to the courts.
Control Principle
The Comptroller General of the Republic shall exercise control over the legality of the acts of the administration, audit bodies, and services as determined by law.
Principle of Integrity
Requires public officials to have spotless conduct and honest and fair performance of their function or position.
Principle of Transparency
State organizations must act to enable and promote knowledge of the procedures, contents, and rationale of the decisions taken in the exercise of public functions.
Principle of Publicity
The acts of the state, their rationale, procedures, and decisions are public.
Principle of Subsidiarity
State action must be restricted to essential activities (security, justice, protection of the population and family, harmonious integration of all sectors of the population), and it should only grant activities to the private sector when necessary.
Principle of Equality and Impartiality
Equality before the law and impartiality are fundamental. Public institutions cannot legally adopt arbitrary resolutions.