Administrative Law Principles and Act Classification

Principles of Public Administration

The fundamental principles governing public administration include effectiveness, hierarchy, decentralization, deconcentration, and coordination.

General principles for effective service to citizens include:

• Simplicity, clarity, and promotion of citizen participation.
• Objectivity and transparency of administrative action.
• Rationalization and agility of administrative procedures and material management.
• Good faith, legitimate expectation, and institutional loyalty.
• Responsibility for public management, planning, and management by objectives.
• Economy, sufficiency, and strict adaptation of means for institutional purposes.
• Efficiency in the allocation and use of public resources.
• Cooperation, collaboration, and coordination between public administrations.

Classification of Administrative Acts

By Addressee

• General: Addressed to a plurality of subjects.
• Individual: Addressed to a single person.

By Content

• Constitutive: The act modifies or changes a legal situation (e.g., an expropriation).
• Declarative: Confirms an existing situation (e.g., a degree certification).

Stages in Administrative Procedure

• Preparatory: Acts that prepare the foundation for the final decision (tramites).
• Resolutive: The act that provides the final resolution.

Appealability

• Appealable: The administrative channel has not yet been exhausted.
• Non-appealable: The administrative channel is exhausted; judicial review is required.

By Power Exercised

• Regulatory: Strictly applies the law without deviation.
• Discretionary: The administration has the authority to choose between options or decide specific aspects of a situation.

By Externalization

• Express: Formal written documentation.
• Tacit: Actions implied by conduct (e.g., a direct deposit into a bank account).

By Issuing Authority

• Simple: Issued by a single administrative body (e.g., a fine from the Town Hall of Barcelona).
• Complex: Issued by more than one administrative body.