Derecho Administrativo - El Acto Administrativo

What is an Administrative Act?

Definition and Importance

• The administrative act is likened to the "prince" in civil law, signifying its central role in public administration.

• It represents a primary function of public administration, although other activities exist alongside it.

Legal Framework

• The regulation of administrative acts is outlined in secondary legislation, specifically the Law of Administrative Procedures.

• Article 21 defines an administrative act as a unilateral declaration by public administration that produces legal effects.

Distinction from Regulations

• An important distinction is made between regulations (which are general norms) and administrative acts (which have specific effects).

• Regulations remain valid as long as the underlying law exists, while administrative acts cease to exist once their effects are realized.

Elements of Administrative Acts

Classification of Elements

• The elements of an administrative act are categorized into subjective, objective, and formal elements.

Subjective Element

• This element pertains to the competence and investiture of the competent authority. Competence must be established according to legal standards.

Objective Element

• Defined by three components: factual basis (presupposition), cause, and purpose. These are essential for validating the act's legitimacy.

Formal Element

• Involves motivation, procedure followed, and expression form. Article 23 specifies which acts require motivation for transparency.

Competence and Investiture

Importance of Competence

• Competence has dual significance: it's a principle of organizational structure and a prerequisite for validity in administrative acts.

Requirements for Investiture

• Public officials must meet constitutional requirements such as taking an oath and fulfilling educational qualifications to hold office.

Consequences of Lack of Competence or Investiture

Understanding the Legal Framework of Administrative Acts

Motivations for Administrative Acts

• The law mandates that certain administrative acts must be motivated, providing a succinct reference to facts and legal foundations.

• Obligations imposed, rights limited or denied, resolutions of administrative resources, and modifications of previous criteria require motivation as per legal standards.

• Additional cases necessitating motivation include discretionary powers exercised and explicit legal requirements demanding it.

Procedural Elements in Administrative Law

• Article 64 outlines the initiation of administrative procedures, which can start either ex officio or at the request of an interested party.

• The law specifies who qualifies as interested parties, their capacity to represent others, and how representation is granted.

• Important procedural aspects include terms and deadlines for actions within the procedure, including extensions and finalization timelines.

Key Aspects of Administrative Procedures

• The chapter on procedures covers essential topics such as administrative silence, expiration periods, revocation processes, error rectification, and available administrative resources.

• A dedicated session is suggested to delve deeper into the intricacies of administrative procedures.

Formal Expression of Administrative Acts

• Article 24 states that generally, administrative acts must be documented in writing unless circumstances dictate otherwise.

• Interested parties are entitled to receive a complete written record of any administrative act affecting them.

Classification Criteria for Administrative Acts

• Administrative acts can be classified based on the subjects involved; they may be simple (one organ involved) or complex (multiple organs participating).

Understanding Complex Administrative Acts

Overview of Administrative Acts

• The discussion begins with the concept of complex administrative acts, exemplified by the authorization for a private hospital's operation.

• The process involves multiple stakeholders, including the interested party submitting a request to the Superior Council of Public Health.

• A single negative report from any oversight board (e.g., medical or nursing boards) can lead to denial of the request, highlighting the necessity for consensus among various authorities.

Classification of Administrative Acts

• Administrative acts are classified based on their content into decisory and non-decisory types. Decisory acts modify legal relationships, while non-decisory acts serve informational purposes.

• They can also be categorized by expression form: express, tacit, and presumed. Express acts are documented in writing; tacit acts imply administrative intent without explicit declaration.

Understanding Tacit and Presumed Acts

• Tacit acts occur when an action implies revocation or modification without formal acknowledgment (e.g., appointing a new official without formally dismissing the previous one).

• An example includes resolving an appeal favorably while not explicitly nullifying prior adverse decisions, indicating a change in legal status.

Historical Context of Administrative Silence

• The historical context reveals that until 2018, silence in administrative procedures was generally interpreted negatively after 60 days without response.

• This meant that if no decision was made within this timeframe, it was considered a denial unless specified otherwise under certain laws.

Changes Post-Legislation

• Following legislative changes in January 2018, transitional provisions altered silence effects to generally positive outcomes but extended response times to 90 days.

Administrative Silence and Caducity in Public Administration

Understanding Administrative Silence

• When the public administration initiates a procedure ex officio, silence generally implies that interested parties may consider their claims dismissed due to administrative silence.

Effects of Caducity in Sanctioning Procedures

• In sanctioning procedures initiated by the public administration, if not concluded within the legally established timeframe, it results in caducity.

Classification of Administrative Acts

Types of Administrative Acts

• The classification of administrative acts can be based on their position within the administrative procedure, distinguishing between procedural acts and definitive acts.

Procedural Acts

• Procedural acts occur throughout an administrative process before its conclusion; examples include reports, opening evidence, and final hearings for interested parties.

Definitive Acts

• Definitive acts conclude an administrative procedure. For instance, in sanctioning processes, they impose penalties or absolve potential offenders.

Impugnability of Administrative Acts

Causation of State in Administrative Law

• Some acts cause state effects where no further administrative recourse is available. This includes actions from ministers against which appeals cannot be filed as per legal provisions.

Non-Causative State Acts

• Conversely, non-causative state acts allow for appeals either because a resource exists or because one is still within the appeal period.

Firmness of Administrative Acts

Conditions for Firmness

• An act becomes firm when all avenues for appeal have been exhausted without any challenges being raised during the stipulated timeframes.

Scenarios Leading to Non-Firmness

• An act remains non-firm if there are opportunities to file appeals either administratively or judicially while awaiting resolution on those matters.

Invalidity Theory in Administrative Actions

Legal Framework for Invalidity

• The theory surrounding invalidity stems from Articles 36 to 41 of the Law on Administrative Procedures. It categorizes defects into absolute nullities and relative nullities based on their nature.

Consequences of Non-compliance with Requirements

• If an administrative act fails to meet legal requirements outlined in Article 22, it can be challenged by any affected party through either administrative or judicial channels.

Potential Outcomes of Challenges

Nulidad Absoluta y Relativa en Actos Administrativos

Conceptos Clave sobre Nulidad Absoluta

• La nulidad máxima de un acto administrativo es imprescriptible, lo que significa que puede ser alegada en cualquier momento, ya sea en sede administrativa o judicial.

• La ley establece plazos para impugnar actos administrativos; sin embargo, si hay un vicio de nulidad absoluta, se puede impugnar incluso después de los 60 días establecidos.

• La sala de lo contencioso administrativo ha determinado que la imprescriptibilidad permite impugnar actos más allá del plazo habitual si se trata de nulidades absolutas.

• Los actos administrativos con nulidad absoluta no pueden ser convalidados bajo ninguna circunstancia, según el artículo 41 de la ley de Procedimientos Administrativos.

Supuestos de Nulidad Absoluta

• Según el artículo 36, los actos administrativos incurren en nulidad absoluta cuando:

• Se dictan sin seguir el procedimiento legalmente establecido.

• Se utilizan procedimientos distintos a los fijados por la ley.

• También incurre en nulidad cuando faltan fases esenciales del procedimiento que garantizan el derecho a defensa.

• Otros supuestos incluyen:

• Contenido imposible o ejecución contradictoria.

• Adopción contraria al ordenamiento jurídico o para evadir sentencias previas.

Vicios Relativos y su Prescripción

• Los vicios que no son considerados como nulidades absolutas se clasifican como vicios relativos. Estos pueden prescribir tanto en sede administrativa como judicial.

• Los actos con vicios relativos pueden ser convalidados dependiendo del tipo de vicio presente, conforme al artículo 37.

Vicios Formales y Convalidación

• Los vicios formales solo causan nulidad si afectan requisitos formales indispensables o generan indefensión real al ciudadano.

Understanding the Validity Requirements of Administrative Acts

Efficacy of Administrative Acts

• The efficacy of administrative acts is primarily understood through the notification process, as outlined in Article 26 of the General Law on Administrative Procedures.

• The start date for counting deadlines in sanctioning administrative procedures often causes confusion; it begins from the issuance of the act initiating the procedure, not from its notification.

• For example, if a decision to initiate a procedure is made on September 18 but notified on September 22, the deadline starts on September 18.

• Although there isn't a specific article in the law stating this rule, it draws inspiration from Spain's Law 30/2015 which clarifies initiation rules based on how procedures commence.

• Article 26 states that administrative acts take effect upon communication to interested parties unless they only produce favorable effects or do not require notification.

Notification Obligations

• According to Article 97, all administrative acts affecting rights or interests must be duly notified within three days following their issuance.

• There are instances where notifications may occur later than stipulated; such delays can be irregularities but are not invalidating if they fulfill their purpose and remain within broader procedural timelines.

• It's crucial to note that notifications must occur within nine months as per Article 1013; any misunderstanding regarding additional days allowed by Article 97 is incorrect.

• Different regulations exist for public procurement laws, which specify that notifications should happen within four business days after an act is issued but cannot begin until after one full day has passed.

Executive Authority and Immediate Effects

• The concept of executive self-help is introduced in Article 30, indicating that administrative acts have immediate effects once notified and can only be suspended under specific conditions listed therein.

• The administration has authority under Article 31 to execute acts independently unless judicial intervention is required.

• Execution methods include asset execution, forced adjudication, substitute execution, and direct compulsion against individuals as detailed in Article 32.

Administrative Acts: General Overview

Key Concepts of Administrative Acts

• The execution of an administrative act must adhere strictly to the limits explicitly set within that act, emphasizing the importance of compliance with established parameters.

• The session concludes with a call to action for viewers to continue exploring the topic through additional resources available on the website, including videos related to practical cases.