We explain introduction to administrative law (Act), its types, elements and examples. In addition, in which cases are null and what are its effects.
Normally it is understood as an administrative act to any manifestation or declaration of the public powers of a State endowed with administrative powers, to impose its will on the rights, freedoms or interests of other public or private subjects that make life in the nation.
In other words, these are legal acts, in which a State agency expresses its will unilaterally, externally and specifically, to decide on a specific matter.
Public authorities may be imposed on a specific matter through administrative acts, provided that they take place within the stipulations of the legal system, that is, that they occur as established by the Constitution. Hence, administrative acts may vary from country to country and from legislation to legislation.
Administrative acts are classified, according to the segmentation carried out by Gabino Fraga, in the following criteria:
Every administrative act is composed of a series of elements that distinguish them from others, and which are:
The following may be an example of administrative acts:
There is talk of nullity in matters of the administrative act when it occurs without sufficient legal guarantees to legitimize it , or when it contradicts what is established in the legal system.
In those cases, a State agency may declare its nullity, express or tacit, and may hereafter cancel its effects (irretroactive nullity) or reverse its effects until the day of its celebration (retroactive nullity). On the other hand, the nullity can be declared totally or partially , depending on the original vice to which its existence has given rise.
The specific effects of administrative acts depend in principle on what is established in the legal order and on what the act itself contemplates.
Thus, administrative acts produce legal effects, which can range from granting or revoking rights, to reversing decisions of other agencies , demanding compliance with conduct, etc. These effects are usually immediate and the State will be responsible for ensuring compliance.
The differences between an administrative fact and an administrative act are not always obvious. In principle, an administrative act is a declaration of will of the public administration. They create and extinguish rights, modify the legal order in the matter, and produce legal effects. For example, grant a tender to a private company to build a bridge.
On the contrary, an administrative fact is a legal fact that takes place without the will of the administration , although they do have legal effects on it. A legal fact is, as is known, something that happens but that has an impact on the legal reality of its competence.
Legal facts take place outside the administration, although they also have legal consequences . For example, the construction itself of the bridge prescribed by the company.
Cryptocurrency has captivated the world since Bitcoin's mysterious arrival in 2009. It began as a…
Hello, Guys Welcome to our Website. Today we will give you information about a Famous…
Alkenes are chemical elements with double bonds or carbon double bonds. Its general formula is…
Logical semantics is a branch of logic that focuses on studying the meaning of statements…
The Game Boy Advance (GBA) was a popular handheld gaming system developed using the Game…
Soft Puzzle - Drop The Slime APK - Simple and Easy! But that's why this…