Administrative Law PDF

## Administrative Law ### **1. Characteristics** 1. Part of public law. 2. Law of the Public Administrations. 3. Not an egalitarian law, it establishes and develops a set of prerogatives and privileges of Public Administrations. 4. Guarantee for the citizen. 5. Has a self-owned source, the Regula...

## Administrative Law ### **1. Characteristics** 1. Part of public law. 2. Law of the Public Administrations. 3. Not an egalitarian law, it establishes and develops a set of prerogatives and privileges of Public Administrations. 4. Guarantee for the citizen. 5. Has a self-owned source, the Regulations, a type of norm created by the Administration through the bodies to which the constitutional and ordinary order recognize the so-called regulatory power. 6. Its content is contingent and variable, the immense majority of legal regulations published belong precisely to the administrative field. ### **2. Definition** Administrative law is the law of the Administration, both when it self-organizes and acts with other public entities, and when in certain cases it relates with individuals, maintaining a series of prerogatives, the so-called *ius imperium* (supreme authority of the State). ### **3. Distinction between administrative law and private law** ### 3.1 Incorporation of administrative law in public law **Herrera:** administrative law arises from public law, is founded on it, and is nothing more than a development of the same. *Public law:* norms that regulate the activity of the State and public entities. *Private law:* norms that regulate the relationship between individuals. *Private law is composed of:* civil, commercial, procedural civil, international private law... *Public law is composed of:* constitutional, criminal, procedural criminal, fiscal, international public, administrative law... ### **3.2 Criteria of distinction between public law and private law** * **Protected interest:** in the case of public law norms, public interest is taken into account, and in the case of private law, what counts is individual will. * **Patrimoniality of relationships:** the characteristic of private law is patrimony, although family could also be included. However, Public Administrations also have their patrimony. * **Form of legal protection:** public law acts without taking the will of the affected individuals into account in case of violation, but in private law, the protection of the legal interest of the affected individuals only takes place when requested by them. * ***lus imperium: * in public law, the intervention of the State or another public entity is required. When this subject intervenes with supremacy, we can talk about public law. In contrast, in private law, the parties appear in a situation of clear equality.