Understanding Administrative Regulations and Legal Hierarchy

Topic 6: Regulations

Concept of Rules

Regulations are secondary rules that are hierarchically subordinate to the Constitution and laws with the force of law. They are issued primarily by state bodies, such as the government, which directs the Public Administration. These regulations possess strong administrative content and serve to guide the Administration.

Some regulations are extremely thorough and detailed. These pieces of secondary legislation are of significant legal relevance and are dictated by the government to manage the Administration.

Regulations involve both the government and the Public Administration. Within this typology, we find various forms, such as regulatory decrees and ministerial regulations.

Hierarchy of Regulations

• Above: Hierarchically subordinate to the law.
• Below: Distinguished from administrative acts. An administrative act is not a legal rule or regulation, as it is directed only at a specific recipient.

Criteria for Distinguishing Rules from Administrative Acts

Administrative acts are unique, whereas regulations are general in nature.

Durability

Regulations are intended to last indefinitely or until they are repealed. In contrast, administrative acts are depleted once they are executed.

Exceptions to Durability

Some administrative acts are not immediately exhausted or consumed, yet they do not meet the criteria of a general regulation.

Matters Regulated by Statute

The law may regulate any matter, provided it adheres to the criteria of the Constitution and the will of the legislator.

The scope of regulations is limited by the reserve of law. Regulations cannot address matters reserved exclusively for the law, nor can they violate higher-ranking rules. Specifically, regulations cannot establish:

• Crimes
• Misdemeanors
• Administrative violations
• Taxes

These areas are reserved for the law, and their regulation depends entirely on the legislative process.

Purpose of Regulations

The legislature cannot address every issue, as laws often have limited content. The legislature and courts focus on matters the Constitution considers essential. Regulations come into play to support and complement the law, providing rigorous and detailed instructions for the Public Administration to apply legal standards appropriately.