Administrative Competence and Jurisdiction in Public Law

In administrative law, competence refers to the specific authority an administrative body possesses over a particular subject. It is a subjective attribute of the body, meaning that when it holds public interests and powers, it shall have jurisdiction.

Commonly, the term competence is often objectified, equating the notion of competence with interest. For example, one might say that international relations are the responsibility of the Ministry of Foreign Affairs. In a strictly technical sense, however, one would say that international relations are the interests of the Ministry.

Juan Alfonso Santamaría Pastor illustrates the false distinction between the objective and the more accurate subjective side, stating that "there is no competence, but rather, one is competent."

Arguably, competence is the set of powers, functions, and authorities that the legal system assigns to each administrative body.

Competence is irrevocable and shall be exercised by administrative bodies only when assigned as their own, except in cases of delegation, substitution, and Certiorari under the Act.

Types of Administrative Competence

Material Competence: Functional Distribution

Also known as functional or objective distribution, material competence involves the allocation of responsibilities between departmental divisions based on various public services and areas of government intervention, such as municipalities.

Hierarchical Competence: Internal Division

Hierarchical competence refers to the internal division within a department, where the most important and significant tasks are assigned to hierarchically superior bodies.

Territorial Competence (Jurisdiction)

Administrative bodies are competent or not depending on their geographical area. In other words, competence is distributed according to territorial divisions, with each division having a body that holds specific powers and interests within that space.

The Attorney General's Office: A Case Study

The Attorney General's Office advises, defends, and represents the judicial and extra-patrimonial interests of the Republic. It is also consulted for the approval of contracts of national public interest. The office is led by the Attorney General of the Republic, who is appointed and ratified by the National Assembly. The Attorney General assists and serves on the Board of Ministers, with voice but no vote.

For more information, visit the Office of the Attorney.

Departments within the Attorney General's Office:

• Viceprocurador Management
• Office of General Counsel
• Coordination Office
• Internal Audit Management
• General Management
• General Administrative Litigation
• Legal Coordination Council of the National Public Administration