Administration law week 1 definitions

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Questions and Answers

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?

  • 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?

  • 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?

<p>They obligate all subjects to refrain from actions that interfere with them. (D)</p> Signup and view all the answers

Which of the following entities typically has its legal personality limited by law?

<p>Public local bodies. (C)</p> Signup and view all the answers

What is the role of an organ in a legal entity?

<p>To legally attribute acts and effects to the entity. (C)</p> Signup and view all the answers

Which of the following best explains the power of the public administration?

<p>It is considered an active subjective legal situation. (B)</p> Signup and view all the answers

What distinguishes the fragmentation of authority in public administration from that in the private sector?

<p>Public administration has more parties involved with legal rights. (D)</p> Signup and view all the answers

Which characteristic of public administration emphasizes its role in serving societal needs?

<p>Social organization (B)</p> Signup and view all the answers

What makes a right considered relative?

<p>It can only be satisfied through consensus with multiple parties. (A)</p> Signup and view all the answers

How does the objective sense of administration differ from the subjective sense?

<p>The objective sense emphasizes visible actions performed by the state. (C)</p> Signup and view all the answers

What defines the sphere of attributions granted to a subject to satisfy their needs?

<p>Subjective right (D)</p> Signup and view all the answers

Which of the following represents a situation where a subject must perform a certain legal act to satisfy another's subjective right?

<p>Obligation (B)</p> Signup and view all the answers

In what manner does public administration operate according to legal constraints?

<p>It strictly adheres to laws and operates within their constraints. (A)</p> Signup and view all the answers

How is the power of a subject characterized in relation to a subjective right?

<p>It transforms the holder's situation into subjection. (B)</p> Signup and view all the answers

Which aspect of public administration is characterized as being run by professional personnel?

<p>The specific nature of activities (A)</p> Signup and view all the answers

In civil law countries influenced by the French legal system, what is the nature of a legitimate interest?

<p>An interest not absolutely protected by the legal system. (D)</p> Signup and view all the answers

Administrative law can best be described as part of which larger category of law?

<p>Public law (C)</p> Signup and view all the answers

What is the primary objective of public administration as defined in the content?

<p>To act for the public good and pursue public interest (D)</p> Signup and view all the answers

Which of the following is NOT a requirement for the legality of actions executed by Public Administration?

<p>The action must benefit the public interest. (D)</p> Signup and view all the answers

Which of the following outlines the limitations under which public administration operates?

<p>Laws that provide means and limits (A)</p> Signup and view all the answers

What does a duty of good faith and fairness represent in the context of legal obligations?

<p>General duty not linked to another's right (B)</p> Signup and view all the answers

What occurs when a legitimate interest is affected by Public Administration's power?

<p>The subject gains the ability to demand legality of actions. (B)</p> Signup and view all the answers

In the context of legal relations, how can power and subjective rights be described?

<p>They are irreconcilable terms. (D)</p> Signup and view all the answers

What distinguishes the authoritative power of the Public Administration from other types of power?

<p>It is directed towards the care of public interests and produces legal effects. (C)</p> Signup and view all the answers

What must be present for the Public Administration to have the power to act through decisions?

<p>A devoted law assigning it the power to pursue public interests. (B)</p> Signup and view all the answers

Which of the following best describes the nature of activities performed by the Public Administration?

<p>They include both public and private law activities. (A)</p> Signup and view all the answers

What is the potential consequence if the normative attribution for an administrative act is absent?

<p>The act is considered null and void for lack of power. (A)</p> Signup and view all the answers

What characterizes the acts performed by the Public Administration as 'typical' and 'named'?

<p>They are predefined and specified by law. (C)</p> Signup and view all the answers

What type of activities does the Public Administration perform aside from exercising authoritative power?

<p>Material acts that support its public objectives. (B)</p> Signup and view all the answers

In which aspect can Public Administration be described as 'pluralistic'?

<p>It involves various bodies managing public interests. (B)</p> Signup and view all the answers

Which of the following best describes the legal capacity of the Public Administration in relation to private law?

<p>It can act under private law solely for institutional purposes. (C)</p> Signup and view all the answers

What does a legitimate interest allow an individual to do in the context of public administration?

<p>Demand the correct application of administrative rules (D)</p> Signup and view all the answers

Which requirement is NOT necessary for the appropriate exercise of public power?

<p>The act must be documented in public records (B)</p> Signup and view all the answers

What distinguishes legitimate interest from simple interests in legal terms?

<p>Legitimate interest is recognized and qualified by law (C)</p> Signup and view all the answers

What aspect of public administration pertains to the community's interests?

<p>The organization of goods and persons (D)</p> Signup and view all the answers

Which of the following best describes the nature of administrative justice in the context of civil law?

<p>It allows for the judicial review of administrative action (B)</p> Signup and view all the answers

In the context of public administration, what is the consequence of non-observance of established rules?

<p>The act becomes automatically invalidated (C)</p> Signup and view all the answers

What is the primary role of the public administration as defined in the text?

<p>To manage community interests according to legal objectives (B)</p> Signup and view all the answers

Which of these statements accurately represents a requirement for the exercise of public power?

<p>It must be executed with the intention of serving the public interest (A)</p> Signup and view all the answers

What is the primary focus of the principle of typicality in administrative decisions?

<p>It emphasizes the need for flexibility within legal frameworks. (A)</p> Signup and view all the answers

Which element is NOT part of the typical administrative decision framework as described?

<p>The personal motives of administrative staff. (D)</p> Signup and view all the answers

What does discretionary power within public administration chiefly require?

<p>A balancing of conflicting interests. (B)</p> Signup and view all the answers

Which activity is characterized as unilateral in the context of public administration?

<p>Imposing regulations that affect the community. (D)</p> Signup and view all the answers

In what scenario does the Public Administration have limited discretion according to the binding acts?

<p>When applying rigidly determined legal conditions for actions. (C)</p> Signup and view all the answers

How is the administrative activity best described?

<p>It involves seeking optimal choices for public aims. (A)</p> Signup and view all the answers

Which of the following encompasses discretionary elements in administrative decision-making?

<p>Choosing how to implement a policy. (B)</p> Signup and view all the answers

What must public administration consistently respect when exercising discretion?

<p>Principles of good administration and legality. (B)</p> Signup and view all the answers

Flashcards

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)

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

Organizations like corporations, associations, and the State that are recognized as legal entities.

Administration (Dynamic)

Public administration involves the dynamic actions taken by the government or its designee to execute policies and serve the public. This includes activities, programs, and services related to public well-being.

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Public Interest

The primary objective of public administration is to serve the public good and advance the collective interests of society. This involves prioritizing public welfare and making decisions that benefit the community as a whole.

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Organs (of a Legal Entity)

The distinct parts or units within a legal entity that act on its behalf, like a board of directors or a CEO.

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Rule of Law

Public administration is subject to legal constraints and operates within the framework of established laws. It is bound by the rules and regulations that govern its actions, ensuring accountability and adherence to legal principles.

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Power (in Law)

The power or privilege granted to a person or entity by law to act in a specific way, like a government's power to enforce laws.

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Duty (in Law)

The legal or moral duty to act or refrain from acting in a certain way.

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Executive Function

Public administration is characterized by its executive nature. It focuses on implementing and enforcing laws, policies, and decisions made by legislative and judicial bodies. It is the 'doing' arm of government.

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Professional Personnel

Public administration is carried out by professionals with specialized skills and knowledge. These individuals are trained to manage public resources, deliver public services, and apply administrative principles efficiently.

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Subjective Rights

The legal protection of a person's interests, often granted by the law to ensure fairness.

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Social Organization

Public administration plays a vital role in shaping and organizing social life. It aims to meet societal needs by providing essential services, managing infrastructure, and promoting social well-being.

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Relative Right

A type of subjective right that requires the cooperation of another person to be fulfilled, like a right to payment under a contract.

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Absolute Right

A type of subjective right that applies to everyone and requires no specific cooperation, like the right not to be attacked.

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Administrative Law

Administrative law is a branch of public law that governs the structure, powers, and procedures of administrative agencies. It regulates the relationship between administrative bodies and individuals, ensuring transparency and accountability.

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Subjective Right: Optional

The ability of an individual to choose whether or not to exercise a legal right.

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Objective Right

The set of rules that govern social interactions within a community.

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Obligation

A duty to act or refrain from acting to fulfill the rights of others.

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Duty

A duty that applies to all members of a legal system, regardless of specific rights.

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Power

The power to change a legal situation.

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Legitimate Interest

A person subject to the exercise of a power by the Public Administration.

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Legitimate Interest: Rights

The right to demand that the Public Administration's actions are legal, competent, and not excessive.

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Legitimate Interest: Participation

The right to participate in administrative proceedings and access documents related to government actions.

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Jurisdictional Protection

The ability of an individual to demand the proper exercise of power by the government through legal means.

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Administrative Justice

A type of judicial review specifically designed to examine the legitimacy of government actions and decisions.

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Rules Governing Administrative Action

Rules that outline the proper procedures and requirements for the exercise of public power by the government.

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Legitimate Administrative Act

Administrative action that complies with all the relevant rules and regulations.

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Illegitimate Administrative Act

An administrative act that violates the rules governing administrative action.

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Public Administration

The collective efforts of individuals and organizations who operate the government.

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Task of Public Administration

The primary function of the Public Administration is to manage the community based on legal guidelines and address public interests.

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Public Administration (Objective Sense)

The activity of government in carrying out public duties, including the organization and operations of administrative bodies.

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Public Administration's Private Law Capacity

Public bodies have the legal power to perform acts in private law, such as contracts and establishing companies, when necessary to achieve their goals.

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Public Administration's Typical Power

Decisions made by Public Administration are unique and characterized by their authoritative power aimed at serving public interests.

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Normative Attribution of Power

Public Administration's power to act is granted by law, specifying the authority, object, content, purpose, form, and effects of its actions.

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Nullity of Administrative Acts

If a public administration act lacks a legal basis (normative attribution), it is considered void and has no legal effect.

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Public Law Activities of Administration

Public Administration exercises a range of activities through administrative acts and measures, which are defined and authorized by law.

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Administrative Activity of Private Law

Public Administration also manages public interests using instruments of private law, such as contracts and agreements.

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Material Activity of Public Administration

Public Administration carries out material actions, including physical activities and the management of public resources.

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Principle of Typicality

The principle in which the law sets out the general purpose and procedures for administrative decisions, allowing for a certain degree of flexibility in applying those rules to specific situations, based on balancing competing interests.

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Public Administration Discretion

The Public Administration has the power to make choices about the best way to achieve a public interest, even if the law doesn't specify every detail. This power is governed by legal principles like good administration and legality.

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Unilateral Administrative Activity

Administrative actions that impose legally binding effects on third parties, regardless of their consent. Examples include issuing permits, imposing fines, and enforcing regulations.

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Bilateral Administrative Activity

Administrative actions that involve agreement between the Public Administration and other parties, like contracts or agreements. Both sides have shared interests and obligations.

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Control of Administrative Action

Actions taken by the Public Administration to ensure that rules are consistently followed and that proper procedures are used in decision-making.

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Legality in Administrative Action

The legal obligation of the Public Administration to base its choices on specific purposes and public interest, while always considering the limits and guidelines set by law.

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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.
  • 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 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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