Administrative Law in Venezuela: Principles and Structure

Posted on Dec 9, 2024 in Law & Jurisprudence

Concept of Administrative Law

It is that branch of law that governs public administration as a complex organism, organization, and operation. It regulates the exercise of the administrative organs of the state and the legal relationship established between the public administration and the administered by reason of the exercise of any function or administrative activity. Its object is closely linked to the exercise of public power, so it is located within the branches of public law.

It is regarded as a statutory right; it is linked to a state function, particularly to public service in specific actions involving state authority to state bodies, which form the executive.

Features of Administrative Law

• No administrative law exists between individuals.
• It is not applicable to the judiciary or the legislature.
• Administrative law exists only in the presence of public administration.
• It is a statutory right because the system of rules applies to a specific group of subjects.

Principle of Legality in the Administration

“Everything is forbidden except what the law contains.” The administration is in the comfortable position of the defendant, never the plaintiff. It has its legal basis in Article 4 of LOPA and Articles 137, 259, and 274 of the CRBV.

Powers Rules

That performance is the rule of law that gives the administration, once all the requirements established by the rule of law are met, the authority to grant the act. The administration cannot regulate a power to decide whether or not to grant an administrative act because the power rule implies that if all the requirements are met, it is required to issue the administrative act under the conditions established by law; it is subject to judicial review.

Discretionary Powers

This occurs when the rule of law gives leeway for action by the administration. Discretion is the exercise of powers under the law but with some freedom of action, choosing the option that best suits the administration. It is not subject to jurisdictional controls except in the cases established by law.

Elements

• Existence … … Limits
• Competition: Who has the power?
• Purpose: What is the purpose of the authority? What is it for?
• For what purpose is the power? To protect, to secure.

The International Treaties

These are agreements between two or more governments in the exercise of their powers of sovereignty. They are, of course, major sources of International Law, as they generate reciprocal rights and obligations for them. In short, they can be defined as the voluntary agreement between two or more states on sovereign rights.

In Venezuela, it is an exclusive power of Congress to approve or reject treaties submitted by the President prior to ratification. Agreements in Congress follow the same procedures as a law. Also, the President of the Republic has the power to conduct foreign policy with other states and, in the exercise of this option, complete, sign, and ratify treaties deemed appropriate to the country’s interests. Before ratification, they must be submitted to Congress for approval.

Decrees with Force of Law

These are actions dictated by the Executive on matters pertaining to law, with prior permission granted by Congress or the legislature. This delegation of legislative power to the executive is justified by the need for standards that give timely and appropriate solutions to certain problems that are targeted.

In any case, legislative authority cannot rest on any matters of law. Delegation is prohibited in the following areas:

a) Nationality, citizenship, elections, and plebiscites.

b) Matters covered by constitutional guarantees or subject to constitutional organic laws or quorum.

c) Matters relating to the organization, powers, and regime officials in the judiciary, the National Congress, the Constitutional Court, and the Comptroller General of the Republic.

The decrees with the force of law or DFL require the authority granted by Congress to make a law (delegatory law), which must meet certain requirements:

a) Identify issues on which the delegation of powers rests.

b) Limitations, restrictions, and formalities may be appropriate.

c) The period for issuing the DFL cannot exceed one year.

Decree Laws

In general, these are how the legislative power is exercised over de facto governments, as they are acts dictated by the Board on matters within a law, involving the legislature.

While the de facto regime persists, decrees or laws have full legal value, but the question of their value arises once the constitutional abnormality ends.

The problem of the value attributed to DL was addressed by the COP in 1980, pointing to transitional provision 6, which keeps in force the provisions enacted in the field of law as they are not expressly repealed by a law. Hence, today there are many matters governed by decrees.

Regulations

They are acts of a general nature, emanating from the executive, governing its relations with the population, i.e., governing individuals, either by creating rights for them or by regulating the obligations required to be in terms of benefit. This kind of rule can only be made by the executive when it comes to implementing the law, that is, as the law comes to regulate the more detailed aspects, this is done through regulation. For example, the law provides for retirement, pointing out certain requirements, but through a regulation will state documents, the time, so they should be presented to demonstrate to the relevant body meeting the requirements. Such regulations are referred to as implementing regulations.

A new category of so-called autonomous regulations was established, which are those that the President can dictate in matters other than law, that is, the Constitution lists the matters of law, and those that are outside can be regulated by autonomous regulations. However, the list of matters of law is so broad that, in practice, self-regulations have not been issued.

Administrative Acts (Decrees and Resolutions)

These are acts dictated by any administrative authority over the business of its competition, through which the authorities express their will in order to produce a given legal effect. When issued by the President of the Republic, they are called decrees, and if dictated by a head of service, they are called resolutions.

Ordinances

These texts contain a set of rules governing a particular matter and may be issued by an administrative body or a decentralized body. They are not expressly contained in the CP 1980 as the competence of the President of the Republic, and today are only recognized as a power of municipalities (decentralized body) exerted on specific characteristics of them, for example, police sanitation, beautification, recreation, etc.

Instructions

Orders are the administrative authority provided to public officials related to the proper performance of administrative law or the need to develop more effective and expeditious administration.

Custom

It is a norm that does not emanate from the manifestation of the will of a particular organ, that is, no one dictates it, but it is the result of simple behavior, uniform and constant, practiced with the conviction that it corresponds to a legal obligation. Its value in our system depends on its agreement or disagreement with the law; it can attribute value in certain cases and matters that may be invoked. For example, in trade, it is accepted that certain issues are resolved as a custom.

Doctrine

It includes the opinions and theories supported by the authors stating a view on a particular subject. It has no binding legal force, and its significance depends on the recognition granted to the author or the degree of justification of the theories behind it. It usually turns to the doctrine of the authors for the interpretation or clarification of the legal rules to achieve their application to the case, but as mentioned, they have no binding force.

Concept Management Service

The doctrine postulates the character of the word as antibiological, by adopting two different meanings, even contradictory:

• Activity, i.e., the realization of an action for the achievement of one or more subjects, or rather the management of these issues.
• The person or organization performing the operation or management.

However, Article 141 of CRBV stipulates:

“The Public Administration serves the citizens and is founded on the principles of honesty, participation, promptness, efficiency, transparency, accountability, and responsibility in exercising the public function, being fully subject to the law and right.”

We can define the Management Service as the essence of the activity for the Executive, and it refers to management activities; the owner of the plays on state property to provide them immediately and permanently to the satisfaction of public needs and thus achieve the general good. Such an allocation tends to carry out a public service and submit the legal framework that regulates the exercise specialist and is realized through the issuance and execution of the contents of administrative acts issued purposely.

Doctrines

School of Vienna

The exponents of this trend were Adolf Merkl and Hans Kelsen, who formulated the theory of gradualism or the pure doctrine of the law. For this school, every function of state law is a creative function; this is what has been called the “theory of the formation of the right by degrees,” which finds its image in the pyramid of Kelsen.

Kelsen notes that in the administrative function, as in court, there is also the creation of rules of law. As for the great jurists of this school, all activities of the state are creating the legal system, and in the process of lawmaking, the standard of the highest order more or less determines the content of the standard of low-grade. So then, that by law is being applied right, as the administration and justice are acts of creation of law in relation to the implementation of legal acts in terms of themselves.

In theory, Merkl provided for an opposition between law and administration and about the Constitution a differential note, as the Constitution is a foundation for legislation immediately while the administration is to mediate. The legislation is, therefore, to be understood as the execution of the Constitution; therefore, the administration of justice and enforcement of legislation is what is below or depends on it (sub-legal).

In conclusion to Merkl, the administration “is executive activity conditioned by the instructions by which to interpret the law.” The administration is thus understood as the functions of that body governed by complex relationships of dependency, which is revealed in the right to instruct the upper body and the duty to obey the lower body.

French School

Its creators, Mourice Hauriou and Leon Duguit, believe that management is the activity aimed at achieving the State Authority operation of the service public. Duguit considers the distinction between the State Authority functions arising from the content of the acts, regardless of the organ from which they emanate, postulated the existence of three types of acts: Acts Rule, Acts Condition, and Subjective Acts.

• Acts Rule: Integrate the legislative function.
• Condition and Subjective Acts: Administrative function and includes the operations materials to ensure the functioning of public services.

Define why the administrative function “as the activity consisting in the State Authority, in view of the functioning of public services, subjective acts, acts operations provided materials.” In conclusion, the French School identifies the administrative role with the public service so that all management utilities to be equivalent to the administration should be subject to administrative law, so as though “everything is public service administration, management is not the whole public service.”

Italian Doctrine

The Italian authors designated as management purposes, the satisfaction of public interests and the preservation of law.

Guido Zanabini, a more modern author, defines administration as “practical activity that the state develops to meet immediately, the public interests that it takes charge of for the fulfillment of its purposes.”

Professor Massino Severo Giannini refers to the administrative function as the set of functions performed by the administration. The administrative function is thus the synthesis of a multiplicity of functions, individually performed positively in the complex of administrative activity.

Author Criteria

The term applied to the State Administration, in the sense target, is the activity or function of the state and in the subjective sense, body or joint authority, officer and operators in general state bodies charged with exercising regularly the activity or function expressed.

As Martinez Eloy Lares administration defines as the activity undertaken by the executive branch of public power, saying, by all organs of the States, governed by relations of dependence which corresponds often the mission of executing the laws.

Structure of Public Administration in Venezuela

Levels of Public Administration

1. National Public Administration

It is governed by the provisions of the Organic Law of Public Administration, the Law created in order to expand and organize the administration of the state, attending to the organization and competence of government. The Constitution established a decentralized manner, regulating administrative policies and establishing basic standards for the files and records public.

Public Administration is an organization that is made up of state legal persons (entities) and its organs, as stated in the Organic Law on the Public, Art 15.

2. Central Public Administration

According to Article 45 of The Organic Law of Public Administration, the higher bodies of direction of the central government are the President of the Republic, the Executive Vice President, The Council of Ministers, the Ministers, and Deputy Ministers.

The highest consultative organ of the Central Public Administration is the Attorney General’s Office, State Council, Defense Council of Nation, cabinets, and sectoral ministerial cabinets.

2.1 The President of the Republic

The executive power vested in the President, which has among its administrative functions, management of National Public Finance: Law credits additional authorization boasts the national assembly, national emprésteritos negotiate, enter into contracts of interest national designate the prosecutor, set the number of ministers and others.

2.2 The Executive Vice President (Management Functions)

Within its administrative functions, has the coordination of national public administration in accordance with the instructions of the President.

Chairing the Council of Ministers prior approval of the President, coordinate relations with the National Assembly, among others.

2.3 The Ministers and Deputy Ministers

According to Article 242 of the CNRBV, Ministers are directly under the President; a joint meeting with the Vice President forms the Council of Ministers. They are responsible for their own decisions jointly, meaning that no minister can hide behind others. Their actions are governed by the Organic Law of Central Administration. Now the formation of ministries is as follows:

Ministry of Interior and Justice, Ministry of Foreign Affairs, Ministry of Finance, Ministry of Defence, Ministry of Education, Culture and Sports, Ministry of Higher Education, Ministry of Health and Development Social, Ministry of Labour, Ministry of Infrastructure, Ministry of Energy and Mines, Ministry of Environment and Natural Resources, Ministry of Planning and Development, Ministry of Science and Technology, Ministry of the Secretariat of the Presidency.

The resource management in the ministries of the quota is assigned to the total budget national, consists of two stages, the first formulation and the second is execution. They deliver to their units through payment orders, which are deposited in a financial institution in the state.

From 2006 the budget formulation and execution of the ministries is being done by the development of projects, only projects approved are those who will receive resources.

3. Decentralized Administration

The decentralization of public administration is developed taking into account the principle of simplicity in administrative procedures; this will think the Law of Administrative Procedure Simplification of 1,999 was allocated specifically to develop in detail the principle of simplification in order to streamline procedures carried out by individuals before the Public Administration to improve its efficiency, usefulness, and speed and reduce cost operations.

Article 30 LOAP “With the principle of deepening democracy and increasing the efficiency and effectiveness of the management of Public Administration, may decentralize powers and public services of the Republic to states and municipalities, states and municipalities, in accordance with the Constitution of the Bolivarian Republic of Venezuela and the Law.

4. Functional Entities of Decentralization

This classified autonomous institutes, Business State, Business Matrices, Foundations of the State, and civil society associations and the state.

4.1. Autonomous Institutes

These are agencies with personality legal, funded by the state; this figure is created with the purpose of his performance is more nimble to provide solutions without having to rely on a central level. (do not depend on the decisions of Ministers or Cabinet)

For example, the INVIC INCE, i.e., provide a model of administrative decentralization.

Because the management of resources also have autonomy, they are subject to accountability to the Comptroller General of the Republic.

His creation is through the Constitution Act since 1961 and is in charge of Congress.

4.2 State Enterprises

Article 100 of the LOAP. “State enterprises are commercial companies in which the Republic, states, metropolitan districts, and municipalities, or any of the functionally decentralized entities to which this law refers, alone or jointly have a stake greater than fifty percent of the capital social.

4.3 Business Matrices

According to Article 105 of LOAP, operation refers to the linkage of several state enterprises in the same sector, and these can be created by the President, Governors, and Mayors.

4.4 Foundations of the State

According to Article 108 of the LOAP, foundations are called agencies that work with the heritage of the state (over 50%), which are considered of public utility for its artistic, scientific, or literary, such as the Simon Bolívar Center.

4.5 Associations and Civil Society of the State

According to LOAP, in this case, the involvement is in character with a partner or member contribution of fifty percent or more of the capital, must be authorized by the President of the Republic, by decree or through adjudication by maximum hierarch functionally decentralized.

5. State Public Administration

States are autonomous entities with full legal personality required to maintain the independence, sovereignty, and national integrity and uphold the Constitution of the Republic. This autonomy policy, administrative, legal, and tax, have their limits in the Constitution regarding the exercise of power.

According to Article 160 of the administration of CNRBV States, it corresponds to the governors; management will be monitored by the State Comptroller. The legislative functions shall be borne by the Legislative Council the Councils Planning and Coordination of Public Policy to coordinate policies act decentralization.

6. Public Administration of the Metropolitan Districts

The metropolitan districts arise when two or more municipalities wish to join either to share the same economic, social, or physical, may be of the same federal or different, which is assessed by the National Assembly, such as the Metropolitan District of Caracas ( formed by the Capital District and Miranda State).

The administration of the metropolitan districts will be handled on the population conditions, economic and social development, according to Article 172 CNRBV, metropolitan powers will be assumed by the respective governing bodies of the metropolitan district.

7. Municipalities Public Administration

The administration of the municipality is for the Mayor, the control, and monitoring of revenues and expenses is for the city comptroller, who enjoy autonomy under the Organic Law of Municipal Regime, the legislature, it is the council composed of councilors.

Legal Rules Governing It

The 1999 constitution contains an extensive title IV on the “Public Power,” whose rules apply to all bodies exercising public authorities, as stated in Article 136: in distribution or territorial vertical (Municipal Power, Power State, and Power national) and the National, in its horizontal distribution (Legislative, Executive, Judicial, Citizen and Electoral).

To implement constitutional principles relating to the Public Administration, has issued the Law on Public Administration (hereinafter LOAP), which, as indicated by its article 1, general aims:

• Establish principles and guidelines governing the organization and functioning of public administration.
• Establish principles and guidelines of the organization and functioning of the National Public Administration and functionally decentralized administration.
• Regular management commitments.
• Create mechanisms to promote participation and control over policies.
• Establish ground rules about file and public records.

Basic Principles Related to Public Administration

Among the principles governing public administration, highlighting those that are common to all bodies exercising public power, among which should be mentioned: the principle of legality, the principle of responsibility of officials and the state, and the principle of accountability of officials and the state and the principle of finality of Public Administration.

1. The Principle of Legality

The first principle of the public administration and all organs of state in general is the principle of legality is derived from Article 137 of the Constitution which provides:

“The Constitution and the Law will define the powers of the organs exercising Public Power, which should run the activities they undertake.”

Under the rule of law such as organized by the 1999 Constitution is that activities contrary to the law are under the control of both the constitutional jurisdiction (Article 334) and the constitutional court (Article 334) and the administrative court ( Article 259), which courts may annul them.

In relation to public administration, formal expression LOAP the beginning, linking it to the competition, for which also specifies the hierarchy of sources of law applicable to the Directors as follows:

Article 4. Public administration is organized and operates under the principle of legality, by which the allocation, distribution, and exercise of its powers are subject to the Constitution of the Bolivarian Republic of Venezuela, the laws, and administrative acts of normative character, formal and previously issued pursuant to law, guarantee and protection of public freedoms enshrined in the democratic people.

The principle of legality also is regulated as a principle which is based on the Public Administration, defined as “fully subject to the law and the law” (Article 141), and is one of the key tasks of the organs Citizen Power, which is to ensure “the principle of legality in all administrative activities of the State” (Article 274).

In addition, Article 8 of the LOAP collects the provision in Article 7 of the Constitution and states that “all officials of public administration are obliged to comply with and enforce and uphold the Constitution.” All authority, therefore, be derived and implemented under the Constitution.

2. The Principle of Responsibility of Officials

The second fundamental principle for all state organs, i.e., exercising public power, and of course for the government, is regulated in Article 139 of the constitution, which includes other traditional rule of our constitutionalism and is the principle of individual responsibility of public officials in the exercise of public power. It has this rule:

The exercise of public power gives rise to individual liability for abuse or diversion of power or violation of this Constitution or the law.

This same principle is repeated in Article 8 of the LOAP in relation to officials’ public administration. ” In these cases, pursuant to Article 10 of the LOAP, and without prejudice to the right of access to justice provisions of the Constitution (art. 26) and the law, individuals whose rights have been violated human or impaired by an act or order of a public official may, directly or through his representative, go to the prosecutor so that it performs the actions as may be appropriate to implement “the civil, labor, military, criminal, administrative or disciplinary “he incurred the official. Also may apply to the Ombudsman so that it urges the Attorney General to exercise such actions and also to the Ombudsman before the Council request Moral Republican to take steps that might arise with respect to such officials, in accordance with the law.

For the purposes even of the possibility of responsibility in the LOAP establishes the principle of accountability, to have Article 11 that the authorities and public administration officials are “accountable for the Argos played in the terms and conditions determined by law. “

3. The Principle of the Responsibility of the State

One of the major innovations and the 1999 Constitution in terms of general rules of the exercise of public power is the express provision of the principle of liability of the State, i.e. the juridical persons, basically resulting from the distribution Vertical government (republics, states, and municipalities), for damages they cause officials in carrying out their duties.

Article 140: The state is financially liable for damages suffered by individuals in any of their property rights, provided that the injury is attributable to the operation of the Public Administration.

This principle is reiterated in Article 14 of the LOAP that: even if improperly to have and the liability would be the “Public Administration”, it is not the subject of law or legal person. Public Administration “, in fact, can not be responsible for it is not subject to law, the responsibility of legal persons territorial political state (republics, states, and municipalities) or decentralized (e.g., autonomous institutes) that the Constitution includes the term “State”.

For its part, Article 3 of the LOAP says that the “main objective” of the organization and functioning of public administration is to give effect to the principles, values, ​​and norms enshrined in the Constitution and, especially, as indicated in Article 19 of the Constitution, “to ensure to all persons as the progressive principle and without discrimination of any kind, the enjoyment and inalienable, indivisible and interdependent human rights “.

Public Administration, the article 5 of the LOAP, individuals must ensure the effectiveness of their rights as they relate to it, must also have among its objectives, the continued improvement of procedures, services, and features that provide services Public Administration, its contents and the corresponding standard quality.

Principles of Public Administration Activity

According to Article 141 of the Constitution, the Civil Service is based on “the principles of honesty, participation, speed, effectiveness, efficiency, transparency, accountability, and responsibility in the exercise of public functions, being fully subject to the law and the law. ” These same principles repeats Article 12 of the LOAP specifying that the activity of public administration will be developed based on the above principles.

• The principle of simplicity: Article 12 of the LOAP provides that the simplification of administrative procedures will be ongoing task of praying and public administration bodies and the elimination of that may be unnecessary, all in accordance with the principles and standards of the applicable law. This principle is aimed at streamlining the procedures performed by individuals before the public administration, improve efficiency, relevance, and usefulness, in order to achieve greater speed and functionality in the same, reduce operating expenses, obtain budgetary savings, cover shortfalls character fiscal relations and improving the public administration with citizens.
• Principle of information overall (Internet). In order to comply with the principles established in the LOAP is available (art. 12) the organs and entities of the public administration should use new technologies to develop science, such as means electronic, computer and telecommunication systems, for its organization, operation, and relationship with people. To do this every organ and body of the Civil Service shall establish and maintain a page on the Internet, all information deemed relevant (mission, organization, procedures, rules governing it, its services).
• Principle of publicity of general acts. All regulations, rulings, and general administrative acts issued by the Civil Service shall be published without exception in the Official Gazette of the Republic, as appropriate, through publication in the official State District Municipality metropolitan or proceedings (§ 13). It reflects the general principle of the start of the effectiveness of administrative acts of general effects (regulatory) or general (for various subjects of law), subject to publication in the Official Gazette.
• Principle subject to the plans, goals, and objectives. Pray and agencies of the Public Administration, in its operation, must abide by the policies, strategies, goals, and objectives established in the respective strategic plans and management commitments. Also must fit the activity of the administrative units of technical and logistical support must adapt to those (art. 19).
• Principle of effectiveness. The units of public administration should pursue the effective implementation of the objectives and targets set in the rules, management plans, and commitments, (art. 19), as well as evaluation and monitoring of institutional performance and results achieved (art. 189.
• Principle of the adequacy of financial means to ends. The allocation of resources to pray and public administration bodies should strictly conform to the requirements of your operation runs to achieve their goals and objectives. In any case, the operation of the Civil Service must strive to ensure rational use of human, material, and budget. (Art. 20). Furthermore, Article 21 of the LOAP sets the size and organizational structure of the organs and entities of public administration should be proportionate and consistent with the aims and purposes that have been assigned and propose a rational use of State resources.
• The principle of privatization. In cases where the activities of the organs and entities of the Public Administration, in the exercise of public powers which by their nature permits, be more economical and efficient management by the private sector or communities, such activities must be transferred to them in accordance with the law, public administration reserves the monitoring, evaluation, and monitoring performance and results management transferred (Article 20)
• Coordination principle: According to the article LOAP, activities to develop the organs and entities of public administration should be aimed at achieving the goals and objectives of the State, for which they must coordinate their actions under the principle of organic unity.
• Principle of cooperation: According to the principle of Article 136 of the Constitution, National Public Administration, the State, the Metropolitan Districts, and Municipalities should work together and with other branches of public authorities in carrying out purposes of the State (art. 24).
  • Respect the legitimate exercise of its powers.
  • Ponder, in the exercise of the competences, all of the public interest involved.
  • Other administrations provide the information they need to develop the activity in the exercise of its powers.
  • Provide, within its own active cooperation and assistance that other administrations might require the exercise of its powers.

Competition Principles

• The obligation of the competition: This is inalienable, nontransferable, non-extendable, and can not be relaxed by convention, save as expressly provided for in laws and other normative legal acts (Article 26)
  • The incompetence and the declaration: Any activity which is manifestly incompetent or a court usurped by those who lack public authority is null and its effects are deemed to be non-existent (art. 26 LOAP). It now embraces the principle laid down in Article 138 of the Constitution, under which “usurped authority is inefficient and its acts are void.”
  • The generic assignment of responsibility: In case that a provision granting legal or administrative responsibility to a body or entity of public administration without determining the competent administrative unit, it is understood that the exercise is for the administrative unit with jurisdiction by reason of the matter and territory, the second hierarchical level of the corresponding organ or body (art. 27).
  • The deviation from the competition: The following sets out the mechanisms LOAP deviation from the competition: decentralization, devolution, the task of management, delegation, and certiorari.
  • The solution to the conflict of powers: When a body that is considering a case is considered incompetent must refer the proceedings to the deemed competent in the matter. If the latter body in turn is considered incompetent, the matter should be resolved by the body er superior common to both (art.44)

Principles Relating to the Organization Administrative

• The legal reserve in the allocation of ownership of organizational power: According to Article 15 of the bodies and entities LOAP Public Administration was created, modified, and deleted by the organizational power holders as provided in Constitution and the law. Therefore, the ownership of the organizational power can only be assigned by the Constitution or the law. As for the Constitution, the Assembly attaches to the National Public to assign the generic competition law “on matters of national competence.”
  • The ownership for the organization of the National Central Public Administration: Indeed, according to the provisions of Article 236 of the Constitution ordinal 20, the President of the Republic Council of Ministers, set the number, organization, and competence of the ministries and other agencies of the Federal Administration, as well as the organization and functioning of the Council of Ministers, within the principles and guidelines stipulated by the relevant Act.
    • Indication of its purpose and definition of its powers or duties.
    • Determination of organizational form, its location in the structure of public administration, and assignment of functional and administrative.
    • Forecast items and appropriations necessary for its operation.
  • Requirements for the creation and modification of agencies and entities: In any case, Article 16 of the LOAP requires the creation of organs and administrative bodies must be subjected to the following requirements:
  • Provident Financial Principle: You can not create new organs that involve duplication of existing ones if at the same time is not withdrawn or appropriately restrict their competence. (Art. 16).
  • The principle of simplicity and transparency of administrative organization: You must provide compression, access, proximity, and participation of individuals in a way that enables them to resolve their issues, are assisted, and receive the information required by any means (art. 22).
  • The principle of hierarchy: The organs of public administration should be hierarchically ordered and connected in accordance with the vertical distribution of powers in organizational levels. The bodies of lower rank are subject to the direction, supervision, and control of the governing bodies of public administration with competence in the respective matter (art. 28) LOAP.

Powers

ADMINISTRATIVE PUBLIC AUTHORITIES

Public administrative powers consist of those powers or abilities to act, exorbitant, with force and coercive ordering, constitutional and legal powers to the Public Administration, able to shape the legal world of the governed, the higher ends of the state.

That is, through the granting of such powers, the Public Administration assumes a position of supremacy or imperium, may direct the will of the governed and invade their private spheres, having always as northern development and welfare of the community.

By virtue can create entities or bodies (universities, autonomous services), raise taxes, impose sanctions, issue regulations (regulations, decrees, instructions) to acquire private property coercively through the institution of expropriation, and so on.

National Public Power

A. – Executive Branch

:

Montesquieu’s theory of the division of powers refers to the legislature , executive and judiciary, corresponds to the second “run” the general will of the state or better laws. There is a close relationship between the State and Public Administration as always is and remains the executive branch, reason is often identified with the Executive Directors and it is usually identified executive and government, where the government is the organic that constitute the apex of the central power, that is, the constitutional bodies that perform state functions, so that in this sense become part of the government not only the executive but also the legislature and the judiciary, and under this thesis in the Venezuelan legal system, the government would integrate the Electoral Commission and the Citizen Power.

Note that in most states regardless of the form and regimen adopted in the case of Venezuela, the presidential regime, the executive branch is composed of the President, Vice-President, Council of Ministers and Ministers. Where these bodies usually have autonomous powers, but at the same time are the highest bodies of state public administration.

The President

In Venezuela, governed by a system of presidential government, which provides that the President is both Head of State the Chief Executive and National award granted as according to the Constitution to direct the action of government is not explained clearly that is the highest hierarch of Public Administration, however the coordinator instructs the Public Administration for this activity and it must be invested with the chief character maximum. On the other hand may appoint and remove the Executive Vice President and Ministers.

The 1999 Constitution by creating two new powers in the national-transformed profoundly the organization of public power, as called for reorganizing existing ones and establish the basic guidelines of the new (citizen and electoral)

The constitutional, obviously influenced most strongly in the executive branch as it is known that includes organic and administrative functions of government, to the extent that the organizational powers, in the cases referred to in those provisions, legal reserve in previous constitutions was transferred to the President of the Republic thus modify the existing system in order to ease and streamline the public administration, understood as an organization serving the citizens

In addition to the powers conferred on the President by the Constitution, the LOAP attributed to the President direct the Central Public Administration National Authorityanalysis to conclude that there are very few administrative functions that are attributed to the President of the Republic as a single judge or a few words alone.

There are other powers conferred upon the President in Council of Ministers and the Vice-President:

a) Rule of Law: The power to regulate all or part of the law without altering the spirit, purpose or reason. The regulations issued under this award are the so-called implementing regulations or executive for facilitating the implementation of laws and complete their presectos.

b) Negotiation of Borrowings: The operations which are credit aimed at mobilization of resources or funds for investment products, serve cases of clear national need including the provision of securities to the BCV. operations to market open and this could not control any loan without the consent of the NA

c) Additional Credits: Which is to enact additional budget appropriations authorization of the AN, the implementation of this budget must be executed within the limits of approved costs which means that the executive should not make any expenditure that is not approved in the budget law, but the possibility of ordering certain emergency expenditures not provided for by law, the national executive may declare additional loans.

d) Contracts for National Public Interest: Are the contracts for the civil service allowed by the constitution and laws and will be made ​​on behalf of the Republic either by the Vice-President or the Attorney General of the Republic if the Executive instructions may have transmitted it.

With the Vice-President or Ministers of the Branch

a) Directors of the National Treasury: Includes property, income and debts that make up the assets and liabilities of the nation . The supreme direction and administration of this is for the President who exercises it through the ministers and each is responsible for the supervision and care of national assets assigned to his ministry.

b) Conventions of Governors: The Chairman shall meet the opportunities it sees fit to all the governors of the states for better coordination of plans and administrative tasks and this call is made ​​by the Ministry of Interior and Justice.

c) Military Contingent: The President of the Republic through the offices of the Interior, Justice and Defense will set the first two weeks of October each year the annual quota for the regular army and navy for each state, and serve basis for the row and calls for the incorporation of the Armed Forces.

Vice-President

It is the direct and immediate authority of the President of the Republic, in his capacity as Chief Executive, he is responsible for exercising functions of both government and administration at that statue and corresponds to Executive Vice President coordinate the following National Public Administration instructions of the President which extend to all organs and agencies of the National Public Administration and the failure of these can have serious consequences as the Vice-President is the officer who monopolizes the power to propose to President of the Republic the appointment and removal of ministers. It is not possible to establish a hierarchical relationship between the Vice-President and Ministers both of which are directly under the President of the Republic and having the same status as members of the cabinet, are susceptible to confidence votes.

– Legislative branch:

Importantly, the national assembly, a low level , performs administrative functions eminently, especially when it comes to broadcasts of events relating to its organization and operation as to dictate its rules and apply sanctions in the establishment, the service organization of their security executing internal and resolutions concerning its operation and management organization.

– Judiciary :

Buy a series of organs such as the Judiciary Committee Executive Directorate of the Magistracy, the Inspectorate General of Courts, disciplinary tribunals, among others, which are essentially administrative functions in the exercise of such functions is developed and administers the budget, disciplinary power is exercised and managed resources.

D – Citizen Power:

This power corresponds to preserve ethics and public morality administrative, public property and the principle of legality, as well as promoting education,solidarity, freedom , democracy, responsibility and work; est5a are basically functions of control and defense are all the lights.

– Electoral Power:

It falls as the name implies electoral functions, ie, it is primarily the organization, supervision, direction and management of processes in elections and referendums and relation to referendums.

– State public power:

• Legislative Councils exercise administrative functions, it is usually confined to the internal powers relating to its organization and operation, in exercise of such functions dictates its rules and debates made ​​the appointments and removals of its staff .
  • Legislative branch:
  • Executive branch:

This power her to implement the laws enacted by the executive branch activities in providing police services, administration and supply of stamped paper, stamp, management and maintenance of ports and airports, management and maintenance of roads ground state taxes, and all actions relating to its organization and staffing system.

Municipal Public Power

• • Legislative Branch: The councils exercise administrative functions, but at low level, particularly activities relating to its organization and operation, in the exercise of such functions dictate its rules of procedure and debate, agreements dictate, appoint and remove staff.
  • Executive branch: It is up to the executive branch, execute the laws or ordinances passed by the council. Through the administrative functions are handled in a direct and immediate public needs of the inhabitants of the municipality, such as the provision of services water supply, electricity , gas domestic, urban and household, cemetery,public markets, police service and all activities related to its organization, operation and personnel system

The Administrator, Duties, Rights and Guarantees of this:

Administrators: Administration taxable person, they are individuals under the jurisdiction of the state in democratic regimes, contrary to what happens in totalitarian regimes, the directors elected prior to their managers, which are nothing more than their leaders, although in few countries and, subject to recall until the end of their duties.

Rights, Duties and Guarantees of the administrators:

• Principle of the Public Service of Individuals: According to Article 5 of the Public Administration LOAP will serve individuals, meeting the satisfaction of their needs and improving procedures and services in accordance with the policies set for the effectiveness of the objectives that should be Public Administration with respect to particular, note that the Constitution of the Bolivarian Republic of Venezuela in Article 144 reiterates and reinforces the discussion in Section 5 of the LOAP.
  • Guarantees should be offered to Private Public Administration: According to Article 6 (LOAP) corresponds in detail to the principle of simplification and that these guarantees are intended to streamline the paperwork done by individuals before the public administration, improve efficiency, relevance and utility to achieve greater speed and functionality in them, reduce operating expenses, budget savings, to cover fiscal shortfalls and improve relations between the public administration with citizens, and develop their business and their organization.
  • Private Rights in its dealings with the Public: Any citizen is entitled to the time for filing a will this procedure be informed about the administrative processing of the same, and that staff carries out the process, besides the individual may request original and stamped copy of the document processed and access the files as stated in the Bolivarian Constitution of Venezuela, the Public Administration is obliged to treat with respect and deference to the individual as well as safeguarding the rights of individuals in the process. The individual is entitled to the exhaustion of administrative remedies through the administrative and judicial measures to defend their interests against actions or omissions of the Civil Service as required by law.