Podcast
Questions and Answers
Which of the following best describes a legal entity?
Which of the following best describes a legal entity?
- Any organization recognized by law as having rights and obligations. (correct)
- A natural person with unrestricted legal capacity.
- An entity that can only fulfill obligations and not hold rights.
- An individual with legal rights and obligations.
What distinguishes public entities from private entities?
What distinguishes public entities from private entities?
- Public entities are created to serve the interests of societal needs. (correct)
- Public entities cannot operate as businesses.
- Private entities are subject to fewer regulations than public entities.
- Private entities are formed by law while public entities are not.
What is the distinction between active and passive subjective legal situations?
What is the distinction between active and passive subjective legal situations?
- Active situations only involve rights while passive situations involve obligations. (correct)
- Active situations include duties, and passive situations include rights.
- There is no distinction; both terms refer to the same legal situations.
- Active situations are legal contributions, and passive situations are legal impacts.
Which statement about subjective rights is correct?
Which statement about subjective rights is correct?
Which of the following entities typically has its legal personality limited by law?
Which of the following entities typically has its legal personality limited by law?
What is the role of an organ in a legal entity?
What is the role of an organ in a legal entity?
Which of the following best explains the power of the public administration?
Which of the following best explains the power of the public administration?
What distinguishes the fragmentation of authority in public administration from that in the private sector?
What distinguishes the fragmentation of authority in public administration from that in the private sector?
Which characteristic of public administration emphasizes its role in serving societal needs?
Which characteristic of public administration emphasizes its role in serving societal needs?
What makes a right considered relative?
What makes a right considered relative?
How does the objective sense of administration differ from the subjective sense?
How does the objective sense of administration differ from the subjective sense?
What defines the sphere of attributions granted to a subject to satisfy their needs?
What defines the sphere of attributions granted to a subject to satisfy their needs?
Which of the following represents a situation where a subject must perform a certain legal act to satisfy another's subjective right?
Which of the following represents a situation where a subject must perform a certain legal act to satisfy another's subjective right?
In what manner does public administration operate according to legal constraints?
In what manner does public administration operate according to legal constraints?
How is the power of a subject characterized in relation to a subjective right?
How is the power of a subject characterized in relation to a subjective right?
Which aspect of public administration is characterized as being run by professional personnel?
Which aspect of public administration is characterized as being run by professional personnel?
In civil law countries influenced by the French legal system, what is the nature of a legitimate interest?
In civil law countries influenced by the French legal system, what is the nature of a legitimate interest?
Administrative law can best be described as part of which larger category of law?
Administrative law can best be described as part of which larger category of law?
What is the primary objective of public administration as defined in the content?
What is the primary objective of public administration as defined in the content?
Which of the following is NOT a requirement for the legality of actions executed by Public Administration?
Which of the following is NOT a requirement for the legality of actions executed by Public Administration?
Which of the following outlines the limitations under which public administration operates?
Which of the following outlines the limitations under which public administration operates?
What does a duty of good faith and fairness represent in the context of legal obligations?
What does a duty of good faith and fairness represent in the context of legal obligations?
What occurs when a legitimate interest is affected by Public Administration's power?
What occurs when a legitimate interest is affected by Public Administration's power?
In the context of legal relations, how can power and subjective rights be described?
In the context of legal relations, how can power and subjective rights be described?
What distinguishes the authoritative power of the Public Administration from other types of power?
What distinguishes the authoritative power of the Public Administration from other types of power?
What must be present for the Public Administration to have the power to act through decisions?
What must be present for the Public Administration to have the power to act through decisions?
Which of the following best describes the nature of activities performed by the Public Administration?
Which of the following best describes the nature of activities performed by the Public Administration?
What is the potential consequence if the normative attribution for an administrative act is absent?
What is the potential consequence if the normative attribution for an administrative act is absent?
What characterizes the acts performed by the Public Administration as 'typical' and 'named'?
What characterizes the acts performed by the Public Administration as 'typical' and 'named'?
What type of activities does the Public Administration perform aside from exercising authoritative power?
What type of activities does the Public Administration perform aside from exercising authoritative power?
In which aspect can Public Administration be described as 'pluralistic'?
In which aspect can Public Administration be described as 'pluralistic'?
Which of the following best describes the legal capacity of the Public Administration in relation to private law?
Which of the following best describes the legal capacity of the Public Administration in relation to private law?
What does a legitimate interest allow an individual to do in the context of public administration?
What does a legitimate interest allow an individual to do in the context of public administration?
Which requirement is NOT necessary for the appropriate exercise of public power?
Which requirement is NOT necessary for the appropriate exercise of public power?
What distinguishes legitimate interest from simple interests in legal terms?
What distinguishes legitimate interest from simple interests in legal terms?
What aspect of public administration pertains to the community's interests?
What aspect of public administration pertains to the community's interests?
Which of the following best describes the nature of administrative justice in the context of civil law?
Which of the following best describes the nature of administrative justice in the context of civil law?
In the context of public administration, what is the consequence of non-observance of established rules?
In the context of public administration, what is the consequence of non-observance of established rules?
What is the primary role of the public administration as defined in the text?
What is the primary role of the public administration as defined in the text?
Which of these statements accurately represents a requirement for the exercise of public power?
Which of these statements accurately represents a requirement for the exercise of public power?
What is the primary focus of the principle of typicality in administrative decisions?
What is the primary focus of the principle of typicality in administrative decisions?
Which element is NOT part of the typical administrative decision framework as described?
Which element is NOT part of the typical administrative decision framework as described?
What does discretionary power within public administration chiefly require?
What does discretionary power within public administration chiefly require?
Which activity is characterized as unilateral in the context of public administration?
Which activity is characterized as unilateral in the context of public administration?
In what scenario does the Public Administration have limited discretion according to the binding acts?
In what scenario does the Public Administration have limited discretion according to the binding acts?
How is the administrative activity best described?
How is the administrative activity best described?
Which of the following encompasses discretionary elements in administrative decision-making?
Which of the following encompasses discretionary elements in administrative decision-making?
What must public administration consistently respect when exercising discretion?
What must public administration consistently respect when exercising discretion?
Flashcards
Legal Personality
Legal Personality
The capacity to be holders of rights and obligations, able to engage in legal acts. It can be restricted, especially for public bodies.
Administration (Static)
Administration (Static)
Public administration refers to the organizational structure of the executive branch of government at a specific point in time. It encompasses administrative authorities and units responsible for implementing government policy.
Legal Entities
Legal Entities
Organizations like corporations, associations, and the State that are recognized as legal entities.
Administration (Dynamic)
Administration (Dynamic)
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Public Interest
Public Interest
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Organs (of a Legal Entity)
Organs (of a Legal Entity)
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Rule of Law
Rule of Law
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Power (in Law)
Power (in Law)
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Duty (in Law)
Duty (in Law)
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Executive Function
Executive Function
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Professional Personnel
Professional Personnel
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Subjective Rights
Subjective Rights
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Social Organization
Social Organization
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Relative Right
Relative Right
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Absolute Right
Absolute Right
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Administrative Law
Administrative Law
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Subjective Right: Optional
Subjective Right: Optional
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Objective Right
Objective Right
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Obligation
Obligation
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Duty
Duty
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Power
Power
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Legitimate Interest
Legitimate Interest
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Legitimate Interest: Rights
Legitimate Interest: Rights
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Legitimate Interest: Participation
Legitimate Interest: Participation
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Jurisdictional Protection
Jurisdictional Protection
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Administrative Justice
Administrative Justice
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Rules Governing Administrative Action
Rules Governing Administrative Action
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Legitimate Administrative Act
Legitimate Administrative Act
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Illegitimate Administrative Act
Illegitimate Administrative Act
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Public Administration
Public Administration
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Task of Public Administration
Task of Public Administration
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Public Administration (Objective Sense)
Public Administration (Objective Sense)
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Public Administration's Private Law Capacity
Public Administration's Private Law Capacity
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Public Administration's Typical Power
Public Administration's Typical Power
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Normative Attribution of Power
Normative Attribution of Power
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Nullity of Administrative Acts
Nullity of Administrative Acts
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Public Law Activities of Administration
Public Law Activities of Administration
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Administrative Activity of Private Law
Administrative Activity of Private Law
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Material Activity of Public Administration
Material Activity of Public Administration
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Principle of Typicality
Principle of Typicality
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Public Administration Discretion
Public Administration Discretion
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Unilateral Administrative Activity
Unilateral Administrative Activity
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Bilateral Administrative Activity
Bilateral Administrative Activity
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Control of Administrative Action
Control of Administrative Action
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Legality in Administrative Action
Legality in Administrative Action
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Study Notes
General Definitions
- Administrative law is crucial for defining the relationship between the state and citizens (and other entities).
- It regulates how the state functions and acts on behalf of the community, as opposed to acting on its own behalf.
- Administrative law regulates relationships between the state and its citizens, more so than other fields of law.
- This regulation prioritizes the well-being of individuals.
- Constitutional law, criminal law, and civil law address broader principles or pathological aspects.
Public Administration
- Public administration is the subject of administrative law.
- It is state-led action pursuing the common good and community benefit.
- This includes administering state affairs and upholding common interests.
- Public administration is distinct from private actions since it's state-directed, rather than privately initiated.
Characteristics of Public Administration
- Acting on behalf of the state
- Focusing on the public good and interest
- Bound by the law; operating within its limits
- Primarily executive in nature
- Conducted by professional personnel
- Organizing and shaping social life
- Bound by legal limits; can't exceed its limits
- Activities have a specific, unique nature
Characteristics of Administrative Law
- A branch of public law
- Includes organizational, substantive, and procedural legal norms
- Defines citizen's rights and status within the state
- Covers multiple areas, including construction, water, postal, social assistance, health, and education laws
- Administrative law decisions and actions can be made through statutes or administrative rulings/decisions.
Administrative Law and Other Branches of Law
- Administrative law and constitutional law: Administrative law complements constitutional law by regulating state organization and the rules governing administrative authorities.
- Administrative law and criminal law: Administrative law addresses the state's relations with entities outside its control, including social interactions. Criminal law focuses on state-defined punishable acts.
- Administrative law and international law: Administrative law governs public administration agents acting internationally, and international law concerns state relations.
General Definitions Part 2: Legal Subjects
- Legal subjects possess legal capacity, meaning the ability to hold rights and responsibilities.
- Natural individuals and legal entities (corporations, associations, foundations, the state) are generally legal subjects.
- Some limitations in legal capacity may apply under specific laws.
Subjective Legal Situations
- Subjective rights are full and unconstrained rights allowing rights-holders to pursue their interests.
- Subjective rights can be absolute or relative based on needs and obligations involved (e.g., property rights vs. credit rights).
- Other positions like obligations, duties/subjection, and powers express limitations or responsibilities based on law.
- The concept of a "legitimate interest" involves a legal situation impacted by actions, especially public administration actions and impacts.
Public Power and the Rules of Law
- Public Administration is a legal entity with the authority to perform functions serving public interests. It can use private law tools alongside public law.
- The action of public administration needs to follow legal rules.
- Subjective legal situations, such as rights and obligations are determined and legally defined.
- Disputes between subjective rights and powers are resolved by the law.
Public Administration: Acts and Activities
- Communities organize for public interest. This organization is public administration.
- The subjective sense of public administration refers to the whole organizational structure and function. In an objective sense, it represents the actions and decisions (acts) taken by the organization aimed at public goals.
- Administering involves acting to meet public interests, following the law and its procedures.
Administrative Activity
- Public administration action focuses on finding suitable choices.
- This action usually uses discretion for finding the best solutions based on public interests.
- Administrative acts can be unilateral or bilateral, impacting individuals or resulting from agreements.
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