Administrative Organization: Legal Principles Explained

The Legal Principles of Administrative Organization

A) The Principle of Hierarchy

This principle establishes that all government bodies are not equal, creating a hierarchy within the administrative organization, often represented as a pyramid. As one ascends the hierarchy, power and skill level increase, and vice versa. For a hierarchy to function effectively, two conditions must be met:

• Bodies with a plurality of matching material and staggered competition between them.
• That all will be guaranteed through a set of powers attributed to the higher bodies against the lower they are:
  • Potestad of momentum and direction, to direct its actions.
  • Potestad of inspection, monitoring/control.
  • Potestad to annul acts of the lower bodies through hierarchical recourse.
  • Avoca Potestad to delegate or skills.
  • Potestad disciplinary, with possible disciplinary sanctions.
  • Potestad conflict resolution skills of lower bodies.

The lower body has duties to superiors:

• Respect, obedience, and compliance with its orders, failing which disciplinary sanctions may be imposed.

This principle of hierarchy becomes a steering ratio when discussing bodies that are not strictly hierarchically dependent.

B) The Principle of Competition

This principle concerns the distribution of powers between administrations. Competition can be defined as the capacity measure or set of subjects and functions that the legal system assigns to each organ. These powers are distributed based on several criteria:

Hierarchical approach. Distributes competition based on the hierarchy of the body, a vertical division between upper and lower bodies.

Territorial criterion. Assumes a horizontal distribution, with the same skills in different territories. Organization Hierarchy in the same step.

Criterion material. Materials for distribution purposes and objectives. Blocks homogeneous materials, so that within a single ministry can find material distribution, territorial and hierarchical.

The existence of the distribution of powers is not immutable and may be altered through mechanisms that allow reallocation of responsibilities among different authorities or within the administration itself.

C) The Principles of Centralization and Decentralization

The principle of centralization as opposed to decentralization. The principle of devolution as opposed to concentration.

Merger means that the powers are concentrated in higher organisms.

D) The Principle of Coordination

This refers to a series of techniques that coordinate the actions of multiple government bodies to achieve unity, ensuring actions are not contradictory within their own territory. It usually seeks the voluntariness of the various administrations (not imposed) and integrates different techniques into two groups:

• Functions. These relate to the development of joint plans, instructions, or guidelines to brand management to the other. Participation of management reporting procedures by the other.
• Organic. These relate to the existence of specific bodies which confer powers of coordination (e.g., the President coordinates the other members of the Government).