Spanish Public Administration: Legal Status and Structure

Public Administration as Legal Persons: Classification

Among all government administrations, two are particularly important:

• State Administration
• Administration of the Autonomous Communities

They hold greater significance because they possess an original legal personality derived directly from the Spanish Constitution (EC). The EC establishes their basic organization and framework of powers. These two legal entities possess superior status due to their critical political functions. Other administrations have lesser powers and importance.

Additionally, there are other authorities known as institutional administrations, referred to as public bodies under LOFAGE (Law on Organization and Functioning of the General State Administration), which include several types:

• Autonomous Agencies
• Public Business Entities
• State-Owned Commercial Companies

Linked to these, although somewhat distinct, are state agencies, which possess greater political independence. Finally, we have Corporate Administrations, which include Professional Associations (Colegios Profesionales).

These various public authorities can be classified based on their characteristics:

Territorial and Non-Territorial Administrations

Territorial administrations include the State, the Autonomous Communities, and local corporations. Their powers extend over all inhabitants within their respective territories. In contrast, non-territorial administrations, although operating within territorial boundaries, direct their powers towards a specific class of subjects.

Institutional and Corporate Administrations

The fundamental difference lies in their purpose. For institutional administrations, the decisive factor is the pursuit of goals set for them by the administration that created them, which is why they derive from a parent governing body. They depend on the territorial government; therefore, while they possess their own legal personality and financial autonomy, they lack total independence. The parent administration determines the structure and objectives of the Institutional Administration and may appoint or revoke positions within these bodies. Depending on the type of Institutional Administration, the degree of independence varies, and their legal regime is often mixed.

Types of Administrative Organs

There are several classifications, which are not mutually exclusive:

• Constitutional and Non-Constitutional Bodies

  The former are established in the Spanish Constitution (EC), while the latter are not.

• Individual or Collegiate Bodies

  In the former, a single individual holds the position and makes decisions. In collegiate bodies, several individuals jointly hold the position. This structure is more complex, and the law dedicates several articles to these collegiate bodies.

• Simple and Complex Bodies

  A simple body consists of a single administrative unit. A complex body involves the grouping of several administrative units (e.g., the Council of Ministers).

• Central and Peripheral Bodies

  Central bodies exercise their competence throughout the entire territory of the administration. Peripheral bodies have jurisdiction limited to a specific part of the territory (e.g., a Government Delegate).

• Active, Advisory, and Control Bodies

  Active bodies are the decision-makers, issuing resolutions on behalf of the Administration. Advisory bodies issue opinions or reports on matters submitted for consultation; they are not decision-makers. Control bodies oversee the activity of other bodies (typically active ones). Some perform internal, preliminary audits, while others conduct external, ex-post controls. Additionally, there can be inspection services and internal surveillance units within the administration itself.