Administración Pública en España

Introduction

• Administrations are organized with internal and external relationships, each organ having a specific function.
• Public organizations are structured and organized based on principles like effectiveness, hierarchy, and coordination.
• The Spanish Constitution determines how administrations are created and coordinated, allowing for self-organization to adapt.
• Effective functioning relies on proper organization and legal decisions, as outlined in regulations like Ley 40/2015.

Types of Public Administrations and Relationships

Territorial Administrations

• Territorial administrations exist within specific geographic areas, affecting all community members.
• These include national, regional (autonomies), and local governments (provinces, regions, and municipalities)
• Each level has specific rules regulated by administrative law.
• Examples include: central government of Spain, Catalan government, and Madrid city council.

National Administration (General State Administration)

• The national administration manages the country and is organized with central (in Madrid) and peripheral organs (in regions and provinces).
• Central organs include ministers and secretaries of state, with directors general managing specific areas within ministries.
• Peripheral organs are located in regions and provinces, like Delegados del Gobierno and Subdelegados del Gobierno.

Autonomous Administration

• Each autonomous region has its own set of rules for managing administration, while adhering to general State laws.
• Autonomous administrations have regulations established by the country's central government.

Local Administrations

• Local administrations include provincial administrations (Diputaciones), municipalities (Ayuntamientos), and smaller local entities.
• Each community organizes its administration applying relevant national regulations.

Non-Territorial Administrations

Institutional Administrations

• These entities have specified functions, including public and commercial bodies.
• They may include autonomous organizations, public companies (like RENFE), and independent bodies (like Banco de España).

Corporate Administrations

• These entities represent specific professional or commercial interests.
• They include professional colleges, official chambers, and other similar organizations.

Interadministrative Relations

• The principles of autonomy and institutional loyalty guide relationships between different levels of government.
• These relations include cooperation and the efficient use of shared resources within defined spheres of authority.
• There should be coordination, cooperation and avoidance of conflicts of interest. 

Judicialization of Interadministrative Conflicts

• Conflicts arising from inadequate interadministrative cooperation are resolved through the judicial system (tribunals or Supreme Court).

Administrative Organization Rules

• The right to self-organization is regulated, allowing for the creation, modification, or abolishment of administrative bodies based on needs.
• Administrative measures must follow the existing laws.
• There are rules for forming, functioning, and managing organizations.

Principle of Competence

• Each administrative body must have clearly defined, non-overlapping functions and competences within its area of authority.
• Competence can be based on function, geography, or a combination.

Principle of Hierarchy

• Administrative bodies have a structured hierarchy, with some having more authority than others regarding decision-making authority and responsibility.

Principle of Efficiency

• Administrative organizations should use resources efficiently and avoid duplication of efforts.

Rules for Exercising Powers

• Special rules cover delegation, temporary power transfer, and use of delegated powers.
• There are principles used regarding decision making in collegial bodies (composed of several members) and their quorum (minimum presence for decision-making).

Principle of Impartiality

• Administrative bodies should be impartial, aiming for fairness and objectivity when handling cases concerning their jurisdictions.
• There are specific rules on how to handle situations where impartiality is threatened, including abstention and recusal.