Administrative Law: Police, Public Services, and State Functions

T-12. Police, Promotion, and Public Services

Police Activity

This is a government function dedicated to the maintenance of public order. It involves the adoption of legal actions that limit the rights of citizens to achieve the general or public interest.

Promotion and Incentive Activity

This administrative activity aims to achieve public purposes using legal incentives to influence the behavior of private individuals. In this model, the public interest is not obtained directly by the administration, but through the voluntary cooperation of individuals.

Public Service Activity

In the case of public services, the Administration provides goods and services to citizens. The Administration establishes specific conditions for these services, including:

• Continuity of service
• Equality in usage
• Contractual requirements
• Technical availability and fair rates
• Administrative oversight

Organizational Activity

As a preparation for other functions, the government conducts internal activities to organize itself, providing the necessary personnel and material resources to satisfy its objectives.

Industrial and Business Activity

This form of administrative activity occurs when the Administration manufactures goods for the market. This practice is supported by Article 128.2 of the Spanish Constitution (EC).

Arbitral Activity

This activity is closely related to judicial functions. The Public Administration increasingly acts as an arbiter or mediator between the rights and interests of individuals. This control is commonly exercised in sectors such as:

• Motor vehicle insurance
• Transport
• Telecommunications
• Consumer and user protection