Administrative Procedures and Acts in Spain
Item 7: Administrative Procedure
- He cites a rule whose purpose is to regulate administrative procedure.
The basic rule is the law of the legal regime of public administrations and common administrative procedures, dated November 26, 1992, but has had subsequent amendments.
What is Meant by Common Administrative Procedure?
It is the general structure of behavior to be observed by the administration in carrying out the activity that is proper to it.
Besides the common administrative procedure, there are the so-called special procedures. What is the purpose of these?
The special administrative procedures arise from the need to adapt a common procedure to the varied types of administrative actions. Different public administrations, whose diverse nature requires its own specific rules, also exist.
What Content Must at Least Be Included in an Application Addressed to the Administration?
All requests must indicate:
- Name of the person concerned
- Designated place for notifications
- Request made
- Date
- Signature of applicant
- Body to which it is addressed
What are Standard Forms? What are the Benefits to the Procedure?
They are those that respond to the same format, which has previously been prepared to allow faster processing of information. The standard forms streamline the processing where applications are numerous.
Explain What is Meant by Initiation of Proceedings in Connection with an Administrative Procedure.
This expression refers to the fact that in certain cases, the administrative action is initiated by the administration’s own decision, without any request from citizens.
List the Phases that an Administrative Procedure Normally Goes Through.
- Initiation
- Instruction
- Completion
A later moment is the implementation of the resolutions adopted.
What Purpose is Being Investigated in All Administrative Proceedings? Could You Also Point Out Two Types of Regular Performances at This Stage of Proceedings?
It allows you to determine and verify all data necessary to ultimately dictate the resolution that shall terminate the proceedings.
Actions typical of this phase are the request and issuance of reports and the taking of evidence.
Describe the Consequences of the Non-Issuance of a Report.
The failure to issue a requested report does not prevent the continuation of proceedings, whatever the nature of the requested report, except that the report in question meets two features:
- Be a mandatory report and be decisive for the outcome of the proceedings. Only in this case can the successive completion of formalities be interrupted.
- Beyond the implications for the procedure, the failure to issue a requested report may have disciplinary consequences for the person responsible for this issue.
List the Elements that Should Be in an Administrative Decision.
- Decision itself, which must be reasoned in several cases provided by law.
- Available appeals.
- Body before which they may be imposed.
- Deadline for filing.
Indicate the Forms of Termination of an Administrative Process.
- A resolution
- Withdrawal or resignation of the person who initiated it
- Declaration of revocation by the administration
What is an Administrative Act?
It is a declaration of will of a government body made in the exercise of public powers.
Explain Why Not All Actions of Government are Administrative.
Because managers are not always acting in the exercise of their specific public power jurisdiction. Sometimes they act from a position similar to that of a citizen. In the latter cases, there is no administrative action, but action by the administration as a subject of citizens to the specific branch of law that applies: civil, commercial, and labor.
Indicate the Differences Between Prior Acts and Final Instruments.
Prior acts are pre-decisional and preparatory; final acts terminate the proceedings. Appeals cannot be filed against prior acts, except when they involve circumstances of *de facto* termination of the procedure.
Unlike them, the final authorities finally decide on the issue and purpose of the procedure. It is possible to make use of the system of appeals provided by law against them.