Administrative Competence and Organizational Authority

The Essential Concept of Administrative Competence

This concept is essential not just as a valid requisite for acts in administrative law (e.g., Articles 53, 62.1b, and 101 of Act 30/92) but generally for public administration.

Meanings of Competence

The concept of competence, to avoid ambiguity, encompasses the following meanings:

• Competence as Competing Action

  This refers to competition or rivalry, which is quite important in areas such as recruitment and selection for public administration.

• Competence as Fitness

  This refers to the professional competence of a person or a subjective personal quality.

• Competence as Derived from 'Compete'

  This refers to what particularly affects, showing it as a relationship. This latter meaning highlights how the legal order designates a specific subject to perform certain actions in preference to others. This organizational power must be exercised precisely as assigned, recognizing that any power is inherently limited.

The Relational Nature of Competence

The notion of competence is a relational concept, involving: subject-object-activity. Competence is nothing but a relationship that generates qualified authority. The terms of this relationship are:

• Subject

  The body to which competence is attributed, not its owner. Note that competence is also an objective-functional element of the organization. Therefore, the principle of organizational competence is fundamental in defining the very concept of an organization.

• Object

  The appearance of reality impacting public action.

• Activities

  The legal character of the power, which is specified in a particular activity.

Defining and Distinguishing Competence

Strictly speaking, competence is a specific legal power (authority) conferred upon an administrative body to act on a particular matter in preference to others. It is also usually called attribution when referring to organs, and it demonstrates the potential for unilateral action by the holder of the organ.

It should be emphasized that competence is not alien to the organ; it is part of its targeted content. The competence claimed is the most distinguished and permanent element of each administrative body.

It must also be insisted that competence is limited to the powers, making it different from other technical or material actions that administration sometimes performs. That is, one must differentiate between the power itself and the implementation or management activities that can be derived from the exercise of many skills.