Criteria for Classifying Administrative Bodies
There are many criteria for classifying administrative bodies, independent of each other. The most important are:
Functional
- Management/Active Bodies: These bodies focus on decision-making and resolutions. They are bound by the principle of hierarchy. e.g., the mayor, ministers
- Advisory Bodies: These bodies provide opinions and advice, offering specific expertise. They are present in virtually every administrative sector. e.g., Cabinet of Ministers, Council of State
- Supervisory Bodies: These bodies control the activities of other bodies. e.g., Chamber of Accounts, Court of Auditors, Municipal Auditors
Territorial
- Central Bodies: These bodies have jurisdiction over the entire territory of the administrative entity they belong to (national, regional, or autonomous). e.g., A counseling
- Peripheral Bodies: These bodies have jurisdiction limited to a specific part of the territory. e.g., provincial delegations
Structural
- Sole Proprietorships: These bodies are led by a single individual. This structure allows for greater agility. e.g., the chancellor, the mayor, president of the CA
- Collegiate Bodies: These bodies are composed of multiple individuals who cooperate horizontally. While less common due to the complexity and cost of deliberation, their skills sessions are often more impactful. Their regime is distinct, requiring adherence to specific procedures for integrating members’ input. The legal framework is found in Art. 22-27 of Law 30/1992, LOFAGE, and other relevant laws. The composition is outlined in their standard creation or establishment documents, specifying the origin of each member. There are two types of members:
- Qualified Members: The president and secretary. Law 30/1992 doesn’t specify their appointment but allows for the secretary to be a member or a professional service person. If a service person, the secretary has a voice but no vote. The president represents the body, convenes meetings, sets agendas, chairs sessions, moderates discussions, calls votes, and enforces the law. The secretary is responsible for record-keeping. Art. 23.2 of Law 30/1992 addresses substitution in cases of vacancy, absence, or illness.
- Unqualified Members: These members have equal rights to participate in forming the body’s will or opinion, including the right to information, participation in meetings, voting, and having their votes recorded. Alternates ensure quorum. Meetings require prior notice with a minimum of 48 hours, specifying the date, time, place, and agenda. Information on each topic must be available to qualified members.