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Administrative Act

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Within the legal field, it is possible to distinguish different kinds of acts. One of them is the administrative , which consists of the declaration that appears voluntarily in the framework of the actions of the public function and has the particularity of producing, immediately, individual legal effects. In other words, it is a expression of administrative power which can be imposed imperatively and unilaterally.

Being statements, the material acts of the administration public are not included in their administrative acts; the latter, on the other hand, qualify as executives because they do not require authorization from the Power of attorney to set their characteristics and that these are mandatory.

Classification of administrative acts

There are many trends that have been responsible for identifying the different types of administrative acts; Among all of them, the most accepted is based on the segmentation carried out by Gabino Fraga. According to this theory the acts could be classified:

* By its nature: the Will of who makes them. If their objective is to modify the law or cause an effect on the rights it regulates, they are legal. If it does not have the will to cause legal effects but is created with the purpose of executing public administration powers such as paving streets or cleaning, they are called material or enforcement acts;

* For the wills that allow its creation: according to the organizations that form it, they can be unilateral if it only affects the organization that carries it out, or plurilateral if they express the will of two or more people or entities. Among the plurilaterals are the collegial, collective, condition and contractual acts;

* For the relationship between his will and the law: according to rights and obligations imposed by law, acts may be mandatory (also called regulated or linked, people or entities must comply with all aspects imposed by law and there is no room for individual decisions) or discretionary (certain licenses and people can make decisions). It is necessary to emphasize that both acts are observed by law, so that none can ignore the conditions that it determines;

* By the radius in which your action affects: In this classification you can differentiate between internal and external acts. The former refer to those actions taken to regulate the internal operation of the law in an administration. The latter include the most important activities of the State, through which he himself orders and controls the action of internal or individual acts;

* For its purpose: they are intermediaries, or they exercise tools so that the fundamental acts of the administrative activity have an effective destiny. According to the reason why the acts are performed, they can be divided into preliminaries (Actions that are essential for the Administration to perform the powers of the Public Power, directly or indirectly affect individuals), decision (unilateral declarations of will where the modification, extinction or recognition of a specific subjective legal situation is recorded) and Enforcement (actions that must enforce the resolutions taken and administrative decisions in all acts performed by individuals, whether of a character material or legal);

* For its content and legal consequences: in this classification there are others that allow differentiating between acts carried out to expand the legal sphere, others to limit said sphere and those that allow for the existence of a State.

When the typing of administrative acts obeys those to whom they are intended, it can be distinguished between of a general nature (their recipients are not determined) and the singular character (which are addressed to an individual).

The acts can also maintain a link with previous regulations. They are, in these cases, the regulated administrative acts (related to a rule which determines its content), unlike unregulated (when you can choose between different resolutions).

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