Understanding Administrative Procedures and Core Principles

Procedure Definition and Elements of Administrative Action

The administrative procedure is a formal series of acts by which a concrete administrative action is implemented to achieve a finality.

1. Administrative activity determined to establish the factual assumptions from which it must proceed.
2. The participation of a plurality of individuals or bodies that have a particular intervention within the administrative procedure.
3. The need to adopt certain forms of action.
4. Participation of people with the status of parties in different procedures where the administration is acting.

Types of Administrative Procedures

Administrative procedures are classified as follows:

By Plurality of Activities:

• Special: Established by statute in certain sectors of administrative power.
• General: As provided for in the Law on Public Administration (LNPA).

By Purpose:

• Declarative: The administration recognizes a right.
• Executive: Involves factual and material acts necessary to enforce self-protection.
• Management: For technical or internal purposes to make a decision.

By Terms:

• Regular: All terms referred to in the law.
• Abstract: As per Article 50 of Law 30/92.

General Principles of Administrative Procedure

Contradictory Nature of the Administrative Procedure

This principle permits that different interests at stake may be invoked and adequately confronted in the presence of the holders before a final decision is adopted. Article 3.2 of the Law on Contentious-Administrative Jurisdiction establishes that the Public Administration (PA) must develop its activity and criteria for public service without impairment. (Articles 73 and 75 of Law 30/92)

In Dubio Pro Actione

This principle ensures a greater guarantee and the most favorable interpretation of the law, thereby ensuring, beyond formal difficulties, a decision on the merits.

Principle of Officiality (Articles 74.1 and 78.1 of Law 30/92)

The procedure shall be initiated ex officio in all its paperwork, meaning that the Administration has the obligation to develop the necessary activity to reach the final decision without needing to be driven by individuals.

Requirement of Legitimation (Law 30/92, Article 31: Rights and Legitimate Interests)

Excluding exceptional cases in which the law recognizes public action, the initiation of an administrative proceeding or participation in a specific qualification requires particular legitimacy, which is called 'legitimation'.

Impartiality (Articles 28 and 29 of Law 30/92)

This principle is tempered by the fact that the Public Administration is often both judge and party, but it is an absolutely clear constitutional mandate to serve the general interest with objectivity and to establish a system of legal guarantees to ensure the impartiality of officials.

Transparency (Article 35 of Law 30/92: Access to Files)

This principle recognizes the right of citizens to access files and records, with the exceptions already analyzed by the Administration.

Free Procedure and Proportionality

The principle of a generally free administrative procedure serves as an informing value. While the procedure includes appropriate measures to facilitate the process of viewing and hearing for the interested party, and reproduction of requested documents and records, certain tests may require payment. However, the procedure is generally free, with most exceptions (e.g., administrative procedure fees provided for in the same norm).

Official and Co-Official Languages

Citizens, in their dealings with public authorities, have the right to use their official languages in the territory of the autonomous region, in compliance with the provisions of this Law and other legal frameworks. Article 36 determines the rules to ensure the effectiveness of this right.

Antiformalism

The antiformalism principle translates into the idea of escaping excessive bureaucratic rigidity.