Understanding Public and Private Administration

• There's a distinction between material aspects i.e. the action, functional aspects i.e. the organizational component, and organic aspects i.e. those who take on the organization of the action within administration.
• Public administration seeks the common good through public power, while private administration aims for individual or even selfish goals through individual freedom and will.
• Administration can be subject to law, based on special rights, or operate without legal constraints, displaying monarchical features.

Relationship with Other Branches of Law:

• Constitutional law provides the organic structure for the distribution of power, state bodies, and control entities, including the executive branch.
• The executive branch is a source of power, sets limits, and the judicial branch enforces administrative sanctions.
• Civil law defines how aspects of administration fulfill their functions through the civil aspect.
• Labor law relates to the theory of public service, covering members of public corporations with legal relationships.
• It also deals with employees of public corporations without legal ties and state officials.
• Penal law deals with conducts that affect the State.
• Commercial law entails responsibility with the state administration.
• Procedural law breaks down into administrative taxes, sanctions, general, and specific administrative acts.
• International law harmonizes aspects regulated authentically.

French Revolution and French Administrative Law:

• Administrative function begins with a constitutional assembly, creating a principle of legality with public and service functions.
• Public function prohibits, punishes, orders conduct, allows regulation with a purpose.
• Public service can affect individuals or not; conflicts are resolved autonomously by a resolution body.

Sources of Administrative Law:

• General principles and acts of the congress
• Damages by the State or its agents must be financially compensated.
• Public servants comply, enforce, and regulate.
• Administrative facts have legal consequences but don't need intent, it divides into involuntary and voluntary acts.
• A voluntary fact can be considered a legal act, dividing the legally lawful from the unlawful, lawful acts are conventions and contracts.
• An administrative act requires intent, order, and is the means for the State to pursue its goals and fulfill duties, rights, and constitutional principles.
• Administrative acts, as legal norms, can create, extinguish, modify, or extinguish rights.
• An administrative act requires validity, capacity, consent, lawful object, and lawful cause.
• An administrative act should have a clear, express, and enforceable executive merit.
• There is a presumption of legality, enforceability, executive nature, and non-retroactivity.
• External factors include capacity, will, and formalities.
• Internal factors include object, cause, and purpose.
• Capacity involves material, territorial, and temporal authority.
• Formalities encompass actions, processes, and procedures.
• Administrative operation is the material execution of an order.
• Autonomous bodies include state organizations, CAR (Regional Autonomous Corporation), and the Banco de la República (Bank of the Republic).