Administrative Decisions and Acts in Spain: Law & Types

Administrative Decisions (Decision-Making Power)

Administrative decisions (decision-making power) are adopted by the administration (agencies, e.g., the EPA).

• Examples: fines; scholarship; penitentiary permits (probation); third decree; maternity licenses; concession; expropriation decision (possibility to take ownership from a citizen for the public good).

Administrative Adjudication

Administrative adjudication is a decision passed at the federal, state, or local level to resolve a conflict or a dispute between one citizen and the administration, or between citizens.

• Example: a conflict between two students over a scholarship; you may appeal an administrative decision to claim your scholarship.

Administrative decisions = actions. They are actions taken by an agency or administrative organs of specific applicability.

They are resolutions (different from regulations with rule-making power) — general applicability.

Legal norm, legal act.

Decision: can be oral or written (evidentiary hearing).

The administrative procedure starts in the administrative organ.

Spain — Administrative Activities and Adjudication

Activities are carried out through the administrative process. Adjudicating power is regulated in Ley 39/2015 (Common Administrative Procedure Act).

Four kinds of administrative activities

• Ordering activities / police activities: limit citizens' rights or impose citizens' duties in order to achieve the common good or the general interest.
  • Example: fine.
  • Note: 90% of administrative activities.
• Public service activities / beneficial activities: the administration provides something for citizens to satisfy a public necessity.
  • Example: free activities (public education).
• Infrastructure activities / promotional: the administration cannot do these by itself, so it asks private companies for help because it lacks resources, materials, or experts.
  • Example: public concession.
• Arbitration activities: resolve disputes between citizens (the administration acts as a judge or arbitrator).
  • There will be an administrative decision.

Administrative Acts

Types and characteristics:

• Simple: when action is taken by a single organ.
• Complex: when action is taken by several administrative organs.
• Singular: action addressed to one specific citizen (e.g., a fine).
• General: addressed to a group of people.
• Unilateral: emanates from the exclusive will of the administration (e.g., a fine).
• Bilateral: they need the consent of the involved citizen in order to be effective.
• Advantageous: declare and recognize rights and benefits (e.g., scholarship).
• Disadvantageous: impose burdens or limitations (e.g., expropriation).