Public Administration and Citizen Rights

• Unit 5 discusses public administration and its relationship with citizens.

Introduction

• Public Administration consists of organizations and individuals managing state affairs.
• It includes central, regional (Autonomous Communities), and local government bodies, as well as public and public-law entities.
• Administrative Law governs interactions between individuals and public authorities.

The Administered and Their Rights

• Public Administrations (P.A.) must operate within the bounds of law and the Constitution.
• Law 39/2015 regulates P.A.s and the role of the administered (citizens) in relation to them
• The A.P. interacts using laws, regulations, and administrative acts.
• The administered is any person or entity involved with the Administration.
• This relationship is legal-administrative because it adheres to the law and is maintained by the Administration.
• Simple administered persons have a general relationship with the Administration and are subject to objective and impersonal norms.
• Qualified administered persons have special relationships with the Administration, such as employees.
• Rights of citizens: demand accountability, obtain copies of submitted documents, receive respectful treatment, access information, use official languages, identify authorities, formulate claims, and know the status of proceedings at any time.

The Administrative Act

• Only actions by a P.A. that are subject to Administrative Law are considered administrative acts.
• An administrative act is a declaration of will/judgment/knowledge/desire by the Administration using its administrative power.
• The act applies to specific individuals, not the general public.
• Acts do not establish new rules but apply existing ones, following regulations.
• The act comes from the Administration, not the administered.
• Compliance exhausts the act; new actions require new acts.
• Examples include reports, certificates, or calls for applications.
• Administrative Act Characteristics: originate from a Public Administration, be unilateral (depending only on the Administration's will), are dictated by the administrative power granted by law, are issued by the competent administrative body, must adhere to Administrative Law and are effectively communicated to relevant parties.

Elements of the Administrative Act

• Subjective (Who): Issued by a competent administrative body and the Administration.
• Objective (What): Declaration of will, knowledge, judgment, or desire.
• The content must be possible, legal, determined, and appropriate.
• Causal (Why): The justification for the act.
• Formal (How): Follow a set procedure and are generally written.
• The elements include expression, the procedure itself, communication (notification/publication), and justification
• Teleological (Purpose): Pursue the public interest.

Classes of Administrative Acts

• Express Acts: Clearly state the Administration's intent (e.g., granting a scholarship).
• Tacit Acts: Infer the Administration's intent from a resolution (e.g., tax exemption request).
• Presumed Acts: Result from administrative silence (e.g., business permit application without response).
• Acts that Recognize Rights such as admission to a language school.
• Acts that Impose Obligations such as orders to wear a helmet or fines for not wearing a seatbelt.
• Concrete Acts are directed at specific individuals.
• General Acts are directed at a broad group of people.
• Acts within a procedure:
  • Resolutory Acts: Decide the matter.
  • Procedural Acts: Carry out steps before the decision.
  • Acts that End Administrative Review:
    • Cannot be challenged administratively.
    • Must be appealed through contentious-administrative channels.
  • Acts that Don't End Administrative Review: Still subject to administrative channels.
  • Firm Acts: Deadlines to appeal have passed.

Notification and Publication of Administrative Acts

• Notification communicates resolutions to involved parties, indicating appeal options and deadlines (within 10 days).
• The notification includes the resolution's text, appeal information, and is delivered to the interested party's stated address.

Publication

• Contains similar elements to notification.
• For use when there are many unspecified recipients and for actions in a selective procedure, like competitive examinations.

Invalidity of Administrative Acts

• Acts may violate legal order causing nullity, voidability, or irregularity.
• Acts Null by Law infringe rights protected by the Constitution, issued by incompetent bodies, have impossible content, or are criminal.

Voidable Acts

• Lack essential formal requirements, cause defenselessness, or are actions taken outside the established deadline.
• Irregular Acts: Do not fit into the two above categories.

Computation of Deadlines

• Deadlines excludes Saturdays, Sundays, and holidays, unless otherwise stated
• The start counts from the day following notification/publication
• Final counts extend to the next working day and months/years count to the same date.

The Administrative Procedure

• P.A. must follow specific steps to produce Administrative acts
• Administrative procedures outline how the Administration achieves an end.

Phases of the Administrative Procedure

• Initiation, development, and termination.
• Initiation can occur officially by the administration or by the request of an involved person.

Initiated by an Individual

• A request/demand is required
• Applications, and writings submitted to administrative organizations or any other official records office
• A receipt for the application can always be requested
• An opportunity to correct the application will be given with a 10 day period to do so
• Administration has the task to resolve an issue in 6 months

Development

• Focuses on arranging/organizing facts to allow the deciding body to make a sound resolution.
• Key steps include Allegations, Evidence, Reports, Hearings, Public Information, and actions from the interested parties
• Allegations: the interested parties offer documents and allegations during the hearing
• Evidence: Proves relevant facts. The decision on evidence is made by the body that makes the final decision.
• Reports: Opinions from authorities and experts.
• Hearings: The chance for parties to show documents that they find opportune
• Public Information: Make the information public for the procedure Actuations as related to the interested parties: support with documentation, and information as pertinent

Termination

• Conventional: Through a final act or resolution.
• Unconventional:
  • Waiver: a document which states a desire to push no further - but another procedure can start again if needed
  • Renunciation: The choice to solicicite a termination to the procedure
  • Expiry: Agreed by the administrative board, a resolution must have occurred due to interested parties

Administrative Silence

• The Administration must resolve administrative procedures.
• Cases of administrative silence are situations that happen when the Administration has come to a halt.
• Administrative silence implies when the A does not resolve petitions, therefore can have 2 meanings: approval, or negative silence with dismissal.
• The procedures initiated include a request from the interested party and a dismissal from the Administration.
• A negative first silence can produce a second positive silence.
• A certificate needs to get requested by the intersted party for the reasons for the A. failing.

Administrative Appeals

• An action done by the administered with the intentions of reforming the administrative act
• Used by the Admin. to review a resolution
• Must exhaust administratives means

Appeal of Allegation

• This recourse can be interposed by interested people before resolutions and acting of formality, it can be given to the higher power than that who gave the resolution.

Optional Appeal of Replacement

• A recourse that has no administrative path until the issue is resolved or dismissed.
• It will be presented in the maximium time of 1 month, and a dismissal cannot be interposed by another administrative recourse.

Recourse of Revision

• A recourse that can be made to firm acts, because on principle they cannot get recurred, therefore the extrodinary part os that it has a qualified gravitiy. It is interposed to the administrative body that dictates therefore one can present against acts that have used the administrative path on acts that haven't been recurred administratively in time.

Litigious administrative Procedure

• A alternative to the administrative process, one finalized the administrative path without the acceptance of the corresponding resolution

Phases of the litigious administrative procedure

• Phase of Initiation
• Phase of Development
• Phase of finishing, the pronouncement of the court
• Phase of Execution, the sentences for the courts correspond with

Appeals Against the Sentences

• Resources for request
• Ordinary resources of appellation
• Recourses for cassation

Public Hiring Processes

• When the Administration cannot do certain tasks like constructions, it hires the job
• The process in which the Administration hires is not too dissimilar to the competitive public convocation for applications

Procedures and Ways in which to Award contracts to the Public

• Negotiated Procedure for companies
• Open Procedure for any entrepeneur interested to present a proportion
• Restricted Procedure for the entrepeneurial that got selected to be selected by the Administration
• Dialogue compeitive to direct a dialogue with those candidates, with the intent for the need of the Administration and bases for the candidates for a presentation
• Direct Award assigned directly to the business that fills normatives an dfor smaller contracts
• There are also many forrms of adjudications for public contrasts like electronic auctions and contests

Types of Hiring

• Contracts of Work
• Guarantees that the objects for the realization of work, must use constrution or civil engineering where needed to finish an economic or technical function
• Examples: highways, airports, electric and insulation installations and so on
• Contracts of Supply

Supplies for Contracts:

• Obligation for entepeneur to deliver supplies for a unit price, used for medical supplies
• The acquisition and rental comes with aquipnmet and systmes of telecommunications or treratment of information
• Fabrication for where it goes through characteritics fixed previousuly be Administration
• Agreements for the Ministry of Deffense to make arms and uniforms

Agreeements of Sevices

• Has to be a direct receiver of the entity that hires
• Agreements must happen through a certain activity
• Most important agreemnts are for informatics, advertising, and service for transportation
• Public Concessions includes a pass of powers, exists in many types: concessions for public services, granting the state with particualr organization in public serveice
• The Administration contrcts is a contrct so it needs to happen wihtin a certain of time, with exploitation of constrcutions with canals.
• the aprovement to a collective patrimony, like coffee shops

Subsidies and public aid

• A great part of the economic resources of the public sector go to the Admin. with subsidies or aid
• Has the means to give respnse to social demands, and economic of politicial groups towards it
• A subsidy shows a fincancially willing disposal towards the public for private people, to fullfil requirements
• The delivery must havpen without contraprestacion with beneficiaries
• All requirments must follow a certain list of formatiies
• The purpose has to make sense and promote actiivity
• There can be beneficiaries and the must approve regularized bases for the concecion

Procedure of Concession

• It must always exists with the publication for subsidies
• Most have competiitive concurrence
• A resolution is carried out by comparing the presented solicitations
• The maximum time to give a resolution must not be greater than 6 months

Search of SUbsidies and Official Aid

• the manner in which to find informmation happens with the managment in the bases that maintains contented published in the boletines oficiales.

Explore the role of Public Administration and its interaction with citizens. Learn about Law 39/2015, which regulates Public Administrations and the rights of individuals in their dealings with these bodies. Understand the legal-administrative relationship between the state and the administered.