Administrative Adjudication and Judicial Review Processes

Understanding Administrative Procedures

An administrative procedure is a group of steps taken in order to reach a final decision or resolution within the administration.

Parties and Rights in the Process

There are two main parties involved in this process:

• The Administration: This entity serves two functions, acting as both a judge and a party.
• The Citizen: This may refer to an individual or a collective of citizens.

The citizen has the right to be heard, either orally or in writing. In all countries, it is mandatory to exhaust the administrative procedure before challenging a matter in court.

Judicial Procedure

Within the judicial procedure, there is a specific order within the courts that must be followed for an appeal, starting with the appeal court.

Administrative Justice and Legal Remedies

Administrative justice comprises every tool that administrative law places in the hands of citizens. It addresses issues such as:

• Failure of act: When the administration fails to take necessary action.
• Unlawful act: Actions taken without a previous law or proper procedure.

A citizen who has suffered damage from an unlawful action can challenge it directly in court because, in such instances, no administrative procedure exists.

The Four Phases of Administrative Adjudication

By mixing the three main phases with the four variable features within the process, five models of administrative adjudication are formed. In every country, there are three main phases in the administrative justice procedure, followed by a fourth judicial phase:

Phase 0: Preliminary Investigation

This is the zero phase, involving a preliminary investigation conducted in order to pass the administrative decision.

Phase 1: Initial Administrative Decision

This phase results in the first binding decision. Examples include a fine, an expropriation order, or the granting of a scholarship.

Phase 2: Administrative Review and Reconsideration

This phase offers the possibility of reviewing the initial decision through a reconsideration process within the administration or executive power. It provides the opportunity for a legal remedy resulting in a second administrative decision. There are three possibilities for this review, which differ from country to country:

1. Internal Review: Asking the same organ that passed the initial decision to review its own decision within the same agency.
2. Hierarchical Appeal: Appealing to a higher organ within the agency and the administration. For example, in Madrid, you can appeal to the traffic councilor, and the highest authority is the Mayor.
3. Independent Administrative Appeal: Appealing outside the agency but still within the administration to a separate, independent tribunal. These independent tribunals are part of the administration but are designed to be more impartial and independent.

Phase 3: Judicial Review

The final phase is the possibility of judicial review, which takes place within the court system.