Administrative Law: Principles, Concepts, and Functions of the State
AGENDA 1
Set Right Legal principles and rules are subject to human relations in society, regulating the conduct among its members and with third parties. It is a coercive order in which certain conduct is to implement ideals for society. |
Define Administrative Law Administrative law is the coercive order that regulates the administrative function of the state. It is a branch of public law concerned with limiting the administration’s power and disciplining the legal relationship with the citizen. |
Define State The state is the subject of law, a legal person capable of exercising rights or legal powers and contracting obligations. It is divided into legislative, executive, and judicial branches. |
Define the Rule of Law Jurica is a principle, a subordination to the rule of law and the supremacy of the Constitution. |
Does the State Have Legal Personality? Support Your Answer Yes, the state has legal personality and can exercise rights and obligations. |
Define State Administration in an Organic Sense Meeting the public needs or causing public concern. |
Define State Administration in a Functional Sense Managing power, and thus meeting the public needs. |
What is a Ministry? Ministries are higher bodies that cooperate with the President in government functions and the administration of their respective sectors. They provide and evaluate policies and projects, study and propose rules, allocate resources, and oversee. |
What is a Secretariat? In each ministry, there should be one or more secretariats. It is up to the secretariat to coordinate the action of the organs and public services sector and to exercise the ministry of internal administration. The secretary is the direct collaborator of the minister and holds the internal administration of the ministry. |
Who is the Mayor? The mayor presides over the regional council and is responsible for coordinating, supervising, or overseeing public services created by law to carry out administrative functions operating in the region. |
What Does the Principle of Legality Entail? Public bodies should be created or established by the Constitution. |
What Does the Principle of Hierarchy Entail? It claims that there is a functional unit. Its spire is the President of the Republic, with all its powers. |
What is Meant by Administrative Centralization? Concentration of powers in the governing bodies or ending in a central body that absorbs and concentrates power. |
What Does the Principle of Specialization Mean in the Administrative Organization of the State? It means that the state apparatus comprises public institutions with general or partial competence. It can be delivered to a specific area or multiple general areas. |
When is a Public Agency Decentralized? When it delegates a power of action, but depending on an entity or institution. No equity or legal personality. |
When is an Organization Decentralized? When public powers are delivered to a state body with legal personality. It can be functional or territorial. |
When is a Body Independent? Independent bodies are autonomous government agencies whose authorities are not the confidence of the President of the Republic or are subordinate to it. It includes the following:
|
What is Meant by Legal Person of Public Law? It is an expression of right that should be established by law. |
What are the Elements that Characterize a Legal Entity?
|
Define Public Service in a Restricted Sense State activity aimed at meeting social needs. They are the means by which the State meets the collective needs of an ongoing and regular basis. |
What is Meant by Allocation of a Public Service? It is the number of staff that the public service contains. Human resources. |
What is a Public Purpose? Management activity aimed at meeting public needs. |
State Enterprises Classified According to Their Legal Status The business activities of the State are made by public companies, governed by an organic law, and state-owned private companies governed by private law. |
What Do You Know About Decentralized Territorial Organization? The regional governments, municipalities, etc. |
Make a Parallel Between the Regional Government and the Mayor |
What is a Municipality? An autonomous corporation with legal personality and its own assets whose purpose is to meet local community needs and ensure their inclusion in cultural, economic, and social development. |
Why is the City an Independent Body? Because authorities are not designated by the President, are not subordinate to him, have regulatory powers, and have freedom of budget execution. |
Who is the Mayor? The mayor is the highest authority of the municipality, responsible for supervision and direction. |
Explain Proprietary Functions of Municipalities
|
Explain the Functions of Municipalities Optional |
Point to at Least 5 Municipal Powers Develop, directly or indirectly with other organs of state administration, functions related to culture, education, housing, health, and social assistance. |
Explain the Meanings of Public Public need to be satisfied by an administrative agency. It is irrevocable and transferable and is not part of the business. |
What is a Public Necessity? A need becomes public when the ownership and management of resources are assumed by the State, and equal access is provided, without excluding anyone. Individual needs can be assumed as subsidies. |
What Does Administrative Authority Entail? The possibility for an authority or an administrative agency to exercise its powers for itself. These are the means available to the agency to perform the tasks entrusted to it by law. |
What is the Power to Rule? Authority of a public body to directly require the help of the security forces to enforce its resolutions. |
Explain the Principle of Legality The whole development of the administrative state should be within the law. |
Explain the Principle of Responsibility Obligation to satisfy itself or by another person, a requirement for a legal consequence. |
Explain the Principle of Efficiency The administrative authorities must, in addition to their respective function, do it in a good way to avoid delays. |
Explain the Principle of Effectiveness Public services and other state agencies fulfill their functions and duties properly. |
Explain the Principle of Continuity of Function The function must be continuous; it is the property of employment. |
Explain the Principle of the Procedure Automatically Drive Democrats understand the obligation imposed on the administration to pursue all the procedural steps, whether initiated by itself or upon request, acting ex officio in pursuing public interest M without or inaction of particular interest to stop the process. Applying this principle can be validly revoke the administration itself acts absolute nullity issued ordering the production of all kinds of tests even the unsolicited by the citizen. |
Explain the Principle of Official Concerns that public agencies should not wait for permission from third parties to boost the administrative process. |
Explain the Principle of Contestability The victim has the right to effective judicial protection and due process. |
Explain the Principle of Control The state agency is created with the sole function of supervising the proper performance of other public services. |
Explain the Principle of Probity Concerns that public officials must have impeccable moral conduct, to preeminence in the public interest over private. |
Explain the Principle of Transparency Promoting understanding of the basics, content, and decisions |
Explain the Principle of Publicity State’s obligation to make their decisions. |
Explain the Principle of Subsidiarity State action must be limited to essential activities that apply (security, justice, protection) |
Explain the Principle of Impartiality Equality before the law. Prohibition of arbitrary action, where public institutions cannot legally adopt arbitrary resolutions. |
Explain the Principle of Non-Arbitrariness Public entities cannot make arbitrary decisions. |
Explain the Constitutional Provisions Underlying the Principle of Legality The principle of legality is constitutionally established in Articles 6 and 7. |
What is Competition? It is a manifestation of the principle of legality, as a public entity can only perform functions designated by law. |
What are the Characteristics of Competition?
|
What is Jurisdictional? What happens when two administrative bodies have the power attributed to certain subject or a body will have jurisdiction conferred on another issue, which it says does not have. |
What is Devolution? It 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. |
What is the Extension of Competition? In certain cases, the law may allow a territorial unit of a public body to become competent outside its scope. |
Point Out Different Forms of Control a) Depending on the time: ex-ante and ex-post b) The degree of obligation may be mandatory or optional. It is mandatory when required as a condition for the legality of the audit. It is optional when the control is voluntary submission to the person or entity. c) According to the relationship between the entity controlled by the controlling entity. This can be internal or external d) With respect to the object of control can be of legality and propriety. It is legal if its purpose is to measure the adequacy of existing laws, and is worthwhile if it is to the timeliness and relevance of the performance. e) As the effects can be inhibitory, represented, or assisted. |
Do You Do the Courts Control the Activity of the Government? Support Your Answer Speaking of control, it is used in an administrative sense as distinguished from judicial control, although this too is a form of control of legality. |
Make a Parallel Between the Control and Challenge The principle of control concerns the control of acts according to the rules laid down in law. In the event of any irregularity applies to all services the principle of contestability referred to the concerned enjoys the right to effective judicial protection and due process. |
Define the Comptroller General of the Republic Specialized autonomous service independent of all ministries, authorities, and government offices, without personality and its own, the exercise of reviewing the legality of administrative acts, monitor income and investment of funds by the Treasury, municipalities, and other agencies and services. Examine and judge the accounts of people who are in charge of property of those entities, keeping records of the nation. |
Explain Why Making It preventive control how does the Comptroller, whose function is to review the executive decrees and other decisions to verify adherence to the constitutionality or legality before becoming effective. |
Explain the Record that Makes the Comptroller G. of R. Consists of the administrative record to the Comptroller as required by law. There is a previous control law, which is without prejudice to the Comptroller to register for a review of legality, and to a defect that body must issue a new administrative act to remedy it |
What is Her Right to Effective Judicial Protection? This includes the rights to operate in court, and he can then make judgments executed.
|
Explain the Working Principle of Transparency It is the duty of the organs of the administration of E º to have certain information available to the public. The information to be incorporated into Web sites should be updated in full and in turn to allow easy identification and speedy access. |
Explain the Principle of Transparency Passive Public information, it is not required to be available permanently on the website or the Office of Parties shall be accessible when any citizen on request. |
Explain the Principle of Relevance Presumably all relevant information held by bodies of state administration, whatever its format, support, creation date, origin, classification, or procedure. |
Explain the Principle of Freedom of Information According to which every person enjoys the right to access information held by bodies of state administration, with the sole exceptions or limitations established by laws of quorum. |
Explain the Principle of Divisibility of Information According to which if an administrative act contains information that can be known and information to be withheld under legal cause, be given access to the first and not the second. |
Explain the Principle of Maximum Disclosure According to the organs of the administration of E º should provide information in the broadest terms possible, excluding only that which is subject to constitutional or statutory exceptions. |
Explain the Principle of Facilitation Pursuant to which the mechanisms and procedures for access to information Adm bodies of E º should facilitate the realization of the right, excluding requirements or requirements that may obstruct or impede. |
Explain the Principle of Opportunity Under which the administrative bodies of E º should provide answers to information requests within the statutory deadlines, with the greatest celebrity as possible and avoiding any kind of paperwork dilatory |
Explain the Principle of Free According to which access to information from government bodies of E º is free, without prejudice to the provisions of this law. |
What Can a Person Do if a Public Body Denies the Delivery of Information? The deadline for delivery of the required documentation or information the applicant denied has the right to appeal to the Council requesting support for the transparency of their right of access to information. |
What Should You Do if an Agency Asks for Information that Affects a Third Party? In this case, the authority or body or head of service required within two business days from the receipt of the application that meets the requirements, you must communicate by registered mail to the person or persons that affects the information the power that assists them to oppose the disclosure of the requested documents, including a copy of the order concerned. |
Indicate What are the Grounds of Secrecy or Confidentiality of Information a) when advertising, communication, or knowledge affects the proper performance of the functions of the body required. b) when their advertising, communication, or knowledge affects the rights of people, especially their safety, health, rights of privacy or commercial or financial. c) when their advertising, communication, or knowledge affect national security, public order, or public safety. d) when their advertising, communication, or knowledge affect the national interest in matters of health, international relations, and other national interests. e) In the case of documents, data, or information which a quorum law has been declared secret or confidential. |
Explain the Complaint Process for Non-Delivery of Information After the rejection of the information, we appeal to the Council for transparency. The claim must be made within a fortnight. This should bring the infringement to the respective testing. The council must notify the claim to the administrative body or third party involved by registered letter A third party may within ten working days to submit documents or evidence. The board of trade or request may set hearings to receive background, etc. The council meets on two terms: that the causes are legitimate secret or confidential or public. The victim may complain to the court of appeals within 15 days for the resolution of the council. |
Explain What is the Council for Transparency Autonomous public corporation with legal personality, its own assets. It aims to promote transparency in public office, monitoring compliance with the rules on transparency and disclosure of information on public services. |
Explain the Meanings of the Principle of Equality Before the Law Classical sense, to have no privileged groups or no slaves, no discrimination can be made for sociological reasons. |
Explain the Principle of Protection of Legitimate Expectations of Managed He says the State in its action must be courtesy in the hope or actions that has managed or directed to be convinced to do so either in response to the State’s own actions or his body. |
Define the State’s Regulatory Activity In a market system, regulatory intervention is explained as a proofreading activity of free activities by economic agents, whether by failure, absence, or limitations of the market, always protecting the public interest. |
What is a Market Imperfection Fails? It says there is market failure where lack of control fails for some reason, behavior or produce a result according to the public interest. |
What is an Externality? It is understood the harm or benefit experienced by a group or community because of actions by other persons or entities. |
Explain the Different Meanings of the Concept of Public Good a) as public interest, i.e., a value that concerns the whole community b) as publicly owned property including public use national assets and property belonging to the Treasury or any other government agency. c) as assets that should be available to all citizens, are goods that are characterized by inclusiveness and not rivalry. |
What is Meant by Self-Regulated? It is one of the attitudes adopted by the State to determine the rules or standards that should be observed someone or some activity, giving support to coercive state apparatus established by the private self-regulation. |
Explain the precautionary principle Is the activity by the State to prevent risks to human health or the environment. |
Explain the principle of proportionality in the regulation of rights That measures are not disproportionate, which means there must be a balance between the proposed measure and the good or right affected. |
What does the State sanctions It refers to the provisions under criminal law is that part of the legal system that determines the characteristics of the action and imposes criminal penalties or security measures. |
What is the discussion about the principles of Criminal Law and State Administrative penalties Some argue that there is no substantive difference between criminal and illegal administrative offense and on the other hand there are those who argue that the constitution establishes differences between the treatment of the right to liberty and personal security and restrictions, which clearly distinguish statutes guarantees not only found in various provisions, but differ in content. |
Explain the principle of criminality in the exercise of punitive power. Means that the conduct sanctioned and his sentence should be based on the law, although it accepts the cooperation of the regulation. The punishment should be written, that analogy does not apply, there must be determination of the behavior you want to inhibit and sentence implies that if commission. |
Explain the principle of proportionality, the legitimacy of the exercise of punitive power. That the punishment must be rational and proportionate to the offense. |
Explain the principle of guilt the legitimacy of the exercise of punitive power. Requires correlation between the severity of the misconduct and the penalty imposed. This principle requires that the perpetrator to take responsibility for the fact, that is, having had the opportunity to prevent it happen and did not. |
Explain the principle of due process in the legitimacy of the exercise of punitive power. This requires that the person concerned is guaranteed the right of defense and the conduct prohibited and the punishment it deserves to be given a fair trial. |
What are the consequences of the principle of legality in the State sanctions That penalties should be established by law. |
Define the regulatory powers Is the power of an administrative body to issue such ordered sets of precepts. |
Point out the constitutional provisions governing the statutory authority The number 8 of Article 32 gives the President of the Republic the power to make regulations, making it a special allocation of the individual who practices in all those matters which are not legally own the domain. At the same time Article 35 of the Constitution provides that “regulations or decrees of the President of the Republic shall be signed by the minister concerned and will not be obeyed without this essential requirement.” In turn, the agencies also have regulatory powers but only in limited and exclusive jurisdiction for which there is a requirement for signature of the minister concerned in accordance with previously mentioned. |
What are the resolutions that may dictate the municipalities? The resolutions are called ordinances, regulations, municipal, mayoral decrees or instructions. “The ordinances are general rules applicable mandatory community wing “The municipal regulations are general rules and requirements regarding materials, internal order of the municipality “The mayoral decrees are judgments that deal with individual cases “The instructions are given directives to their subordinates. |
What is meant by a public right? Subjective rights are interests or powers conferred by the law for people against the state |
Explain the procedures for obtaining background that has an administrative body |