Administrative Law: Competence & Procedural Techniques

Administrative Jurisdiction: Material Exercise Techniques

Avocación

Concept of Avocación

Avocación means that a resolution may eventually be assumed by a higher hierarchical body if the decision on a matter attributed to a lower body is not deemed appropriate by the higher authority. This process allows for a shift in the exercise of competence for specific cases.

Characteristics of Avocación

• The act dictated by avocación is legally attributable to the higher hierarchical body.
• The causes for abstention and disqualification must be assessed in relation to the higher hierarchical decision-making body.
• The avocación itself cannot be appealed, but the resolution resulting from the avocación can be challenged through the appropriate legal remedies in the final resolution of the proceedings.

Formal Requirements for Avocación

• Concurrence of circumstances (technical, economic, social, legal, or territorial) justifying the avocación.
• Must be motivated in each specific case.
• In the State Administration, there is an obligation to inform the higher hierarchical body of this resolution.
• Stakeholders must be notified prior to the resolution procedure.

Management Assignment (Encomienda de Gestión)

Definition of Management Assignment

Management assignment only affects the performance of technical, material, or service activities to support the exercise of powers; it does not operate in the area of decision-making. It is a tool for administrative efficiency.

Characteristics of Management Assignment

• No change of ownership of competence occurs.
• Its adoption does not affect the exercise of decision-making powers.
• Decision-making always corresponds to the assigning body.
• The instructing body must dictate the appropriate legal instruments to support the material or executive activity.

Formal Requirements for Management Assignment

• The assignment must be formalized with an instrument regulated for each administration, or, in its absence, by express agreement between the bodies of the same Administrative entity.
• The law requires publication of the assignment agreement in the Official Gazette.
• It will only become effective after the publication of the corresponding agreement.

Delegation of Signature

Concept of Delegation of Signature

The delegation of signature allows the holder of an administrative body to authorize another hierarchically dependent body to sign decisions previously taken by the delegating body. This is a procedural facilitation, not a transfer of competence.

Characteristics of Delegation of Signature

• The lower body signs only when the upper body has previously expressed its will and decided on the merits of the case.
• The signature only confirms the will previously issued by the delegating body.

Formal Requirements for Delegation of Signature

• The delegation agreement can modulate the scope of the signature and the type of agreement it includes.
• It is revocable at any moment.
• Publication is required, though it is not necessary to state its exercise in each specific case.
• In the State Administration, there is an obligation to inform the higher hierarchical body of the delegation of signature.

Substitutions

Concept of Substitutions

Substitution does not operate as a true inter-organic relationship, but rather as a temporary replacement of the holders of administrative bodies. It addresses temporary absences or vacancies.

Formal Requirements for Substitutions

• The substitution must be due to vacancy, absence, or illness of the incumbent.
• Cases of absence of members of collective bodies are governed by their own specific rules.