Understanding Administrative Acts and State Control

Administrative Act Definition

Administrative Act: It is a manifestation of the general will of a particular organ or administration endowed with competence. Its aim or purpose is to decide or issue an opinion on the rights, duties, and interests of administrative staff and individuals associated with the administration.

Elements of an Administrative Act

• Statement of Will: This is the most typical and essential administrative act. It may be general when it settles a matter of law, particularly in the presence of an act of the administration endowed with competence.
• Endowed with Competence: Refers to the ability or power of an organ to exercise administrative authority.
• Scope: Refers to having or expressing opinions on public administrative duties. The decisions resulting from these acts will have an effect on the relationship between administrative bodies, administrative officials, and individuals.

Administrative acts are generated through the steps of: determination, declaration, and execution.

Administrative Control Mechanisms

Administrative Control: This ensures that the rule of law is effective. The state must exercise administrative control. There is political control exercised by political bodies, such as the Chamber of Deputies and the Senate, and obviously, constitutional control.

Judicial and Administrative Oversight

• Courts: These are in charge of resolving disputes over the rules of law.
• Administrative Oversight: This is exercised by the administration itself and is classified as active.

Characteristics of Administrative Control

It is not formal, it can act on its own, and it is exerted by administrative organs. It can also be classified as legal and financial control, internal and external, and related to public service.

Timing of Control

• A Priori: Before the act enters the administrative life of the law.
• A Posteriori: After the act.
• Concomitant: During the administrative act.

Fundamental Principles of the State of Law

State of Law (D)

This is where authorities are subject to the rules they dictate; the law governs, not people.

Principle of Separation of Functions

This principle, an heir to the division of powers, requires the state to administer various state functions to meet the needs of the people. Those responsible for each function must have constitutional autonomy: legislative, administrative, and juridical. The Comptroller is governed by the COP (presumably Constitution or relevant governing document).

Principle of Legality

This principle dictates that the action of the state must submit to law and public doctrine, requiring authorities to carry out only the provisions of the law, according to law.

Protection of Fundamental Rights

This guarantees the protection of fundamental rights, which are innate and pre-existing, including protection for life and freedom.

Principle of Control

For the State of Law (E d D) to be effective, there must be proper control of the administration. In the state, we have political control and jurisdictional administrative control.

General Control of the R (Rule of Law)

This refers to the constitutional autonomy of the highest and independent authorities, overseeing the public administrative organs.