Administrative Procedure: Elements, Classification, and Legal Principles

Administrative Procedure (Proc. Adm.)

The formal series of events in which specific administrative action is carried out to achieve a purpose.

Elements of the Administrative Procedure

1. Reaching administrative activity determined by fixing the alleged facts that the procedure should start from.
2. Participation of a plurality of subjects or organs that have a particular intervention in the administrative procedure.
3. Need to adopt certain forms of action.
4. Participation of people with the condition of different parties in the proceedings where the Administration is acting.

Purpose of Administrative Procedure

• Guarantee of Citizens: The administrative procedure serves as a guarantee against potential abuses by the Public Administration.
• Administrative Efficiency: Implementation of the general interest effectively.

Differences Between Judicial and Administrative Proceedings

Differences arise from the distinct purposes and nature, as well as the character and position of the bodies that run them.

Classification of Administrative Procedure

1. According to the plurality of activities of the Public Administrations: General.
2. By special order procedure: Declarative, Executive, and Management.
3. By time to develop: Ordinary and Summary.

Current Transformations in Administrative Procedure

1. Globalization and Administrative Law.
2. Influence of Community Law in the legal-administrative framework.
3. New technologies and Administrative Law (Electronic Administrative Law).
4. The Administration regarding immigration and multiculturalism.

Applicability Criteria for Administrative Law

Distinction between authoritative action and management, based on several criteria:

• Criterion of Public Service.
• Criterion of Prerogative.
• Criterion of Typical Role.

General Principles of Law

Definition

The General Principles of Law are legal value-focused materials that form the basis of legal doctrine and jurisprudence. They are established through repeated practice and serve as fundamental legal concepts.

Features

• They are parts of the legal structure.
• They possess general applicability.
• They constitute law.
• They are highly flexible and can adapt to social circumstances and evolution.

Purpose

• To solve interpretive problems.
• To provide new solutions.
• To organize rules, regulations, and orders when acts are discordant.