Introduction to Administrative Law

Introduction to Administrative Law

• Administrative law is a body of law governing the activities of administrative agencies.
• Administrative authorities and their servants are subject to extensive control, particularly concerning their powers, procedures, and substantive requirements.
• Proper judicial protection is crucial against any administrative action.
• Public administrations' tasks and powers are outlined by the legislator.
• Different types of acts are employed by public administration, such as juridical and factual acts.
• Public law, private law, and different aspects of the law are considered.

The Role of the State Throughout History

• 19th-century states primarily maintained law and order and protected their territories.
• Post-industrial revolution, states took on providing community services and wealth distribution.
• Present-day states offer public goods and services.

Topics of Administrative Law

• Administrative authorities and their personnel
• Administrative authorities' powers
• Procedural rules governing public powers
• Substantive requirements for public authorities
• Judicial protection against administrative actions

Instruments and Powers of Public Administration

• Public administrations handle public interests.
• Legislators empower administrative bodies.
• Administrative bodies are empowered to act according to the law and public interest.
• Administrative actions are carried out through specific acts, both juridical and factual.
• Administrative authorities exercise certain competences.
• Administrative actions are regulated according to public and private law.

Public Law vs. Private Law

• The state plays several conflicting roles in modern societies (i.e., facilitator versus potential limiter of freedom).
• Co-originality of freedom and authority.
• Public law focuses on managing political power and its interactions with citizens.
• Private law governs individual and entity relationships concerning contracts, property, and families.

Public Law: Constitutional and Administrative Law

• Constitutional law defines the state's structure, fundamental rights, and core values.
• Administrative law implements constitutional frameworks and principles, adapting to societal needs.

Administration Within the Tras Politica

• The principle of separation of powers separates the legislative, executive, and judicial functions of government.

Global Administrative Law

• Global administrative law encompasses mechanisms, principles, and practices that promote global administrative bodies' accountability through transparency, participation, reasoned decision-making, and legality while providing a review process for the rules and decisions made by these bodies.
• Issues like cross-border health, safety, and environmental concerns necessitate international cooperation to formulate administrative laws.
• Globalization has led to a need for global administrative law to address issues like environmental protection, law enforcement, trade, intellectual property, and labor standards.
• The application of global administrative law is often characterized by an accountability deficit.
• Responses to this deficit include extending domestic administrative law and developing new global administrative law mechanisms.

European Administrative Law

• European administrative law recognizes multiple levels of administrative decision-making.
• European and national authorities often work together on governance matters.
• This includes areas such as food safety, traffic safety, and the designation of nature reserves.
• EU laws can be either directly executed by EU-level bodies or indirectly by national administrations.

Global Level Decision-Making

• Global decision-making involves several layers of levels, from the local to the international.
• The global level often faces an accountability deficit due to the lack of democratically elected political representatives to control and monitor transgovernmental actions.

Globalization and Global Administrative Law

• Globalization has led to an increased need for global administrative laws that facilitate trade in goods, services, ideas, and people.
• Global administrative law aims to handle challenges and uphold rules concerning globalization, with a focus on areas such as trade, environment, and health.

Public Administration

• Public administration includes civil servant employment, merit-based recruitment, and public management reform.
• Civil servant employment often involves legal guarantees of service employment and established pay scales.
• Public management reforms are designed to enhance performance and flexibility concerning public sector employment.

###Administrative Law Beyond the State Border

• Administrative law has been perceived as a unique system, distinct from other legal approaches.
• Comparative administrative law is gaining recognition in legal scholarship.
• Factors like globalization, information exchange, and cross-border issues have made cross-border cooperation necessary in administrative matters.

This quiz explores the fundamentals of administrative law, detailing the roles and responsibilities of administrative agencies. It examines the historical evolution of state roles and the importance of judicial protection against administrative actions. Test your knowledge on the various types of acts and the relationship between different aspects of law within this context.