A administrative act It consists of any voluntary declaration or manifestation of the public powers of a State, within the framework of its administrative powers, to apply its will on the freedoms, interests or rights of other private or public subjects that live in the country..
That is, it is a formulation of administrative power that can be imposed unilaterally and imperatively, where a State institution states its will in a concrete and external way to decide on a specific matter..
Public powers can be imposed on a specific issue through administrative acts, provided that these are carried out as indicated by the legal system. Therefore, administrative acts may vary according to each country and its legislation..
As they are manifestations, the material acts of the public administration are not included as administrative acts. In addition, the latter are classified as executive because they do not need an authorization from the Judicial Power to establish their characteristics and that they are mandatory..
Article index
It is the body that expresses the declaration of will as a representative of the State, provided that it is within its powers, in accordance with the provisions of the Constitution..
Corresponds to what the administrative act falls on, and must be legally possible as well as physically true.
The subjective or objective intention for which the administrative act is executed. The main objective must be to be able to satisfy the general interest, respecting the norms and principles of the legal system.
In each case, the law will establish the competent body that must carry out an administrative action. This institution must meet certain requirements, such as its capacity to act or its impartiality..
Although the administrative act is regulated and should not contain but only the essential elements, on some occasions the administration has the power to introduce eventual elements into its acts..
The administrative acts will have to be notified to the interested parties and, on certain occasions, they will have to be published, when the norms establish it or when reasons of public interest suggest it..
The will of the person executing the administrative act is taken into account. If you seek to modify the law or produce an effect on the rights that it regulates, they are legal acts.
On the other hand, if it is created to execute powers of the public administration, such as cleaning or paving streets, they are called acts of execution or materials.
When entities must obey all aspects established by law, with no room for individual decisions.
When certain decision margins are allowed, the affected people being able to make decisions.
They refer to the actions carried out in an administration to regulate the internal functioning of the law.
It refers to the way in which the State controls and orders the action of individual acts, through its most important activities.
They are the essential actions so that the public administration can carry out the powers of the public power, which directly or indirectly affect people.
They are specific declarations of will in which the recognition, modification or elimination of any specific subjective legal situation is stated..
They are the actions that oblige the administrative decisions and the resolutions taken in all the acts carried out, whether of a legal or material nature..
They refer to the content of the act, that is, to everything that an administrative act has to include as an external declaration, as legally required, for it to be fully valid. Any administrative act will correspond to contain:
- Name of the institution expressing the act.
- Name of the body or ministry to which the institution that expresses the act belongs.
- Date and place where the act is dictated.
- Name of the body or person to whom it is addressed.
- Summary statement of the facts, of the pertinent legal bases, in addition to the reasons that have been invoked.
- The decision concerning if it were the case.
- Name of the officials who sign it, indicating the ownership with which they act and expressly indicating, if they act by delegation, the date and number of the act of delegation that granted the corresponding competence.
- The hallmark of the organism.
The original of the respective document will include the signature of the officials who sign it. In relation to the formal requirements, all administrative acts must be in the form of resolutions or decrees, administrative orders or orders, circulars or instructions..
There is talk of nullity when the administrative act occurs without sufficient legal guarantees to justify it, or when it contradicts what is stipulated in the legal system.
In these cases, a State organ can declare the nullity, tacit or express, thus being able to cancel its effects from now on (non-retroactive nullity) or reverse the effects from the same day of its celebration (retroactive nullity)..
On the other hand, the nullity can be declared partially or totally, depending on the vice to which its existence has given rise..
The nullity is given by decisions imposed in processes or in administrative appeals before administrative courts on amparo issues..
The administrative act is annulled for not having complied with the requirements stipulated in the act itself or in the law, which generate or preserve a right
Any irregularity of the administrative act is in charge of favoring in this sense its illegality. Vices can occur in an administrative act by not obeying the regulations that protect it.
- Appoint applicants or employees to public office.
- Deny or grant retirements to natural persons.
- Grant tax exemptions or licenses.
- Grant concessions to exploit public services.
- Grant authorizations for marketing, either for export or import.
- Lease of the congressional delegation from one state to another.
- Sanctions of a commercial, labor, administrative nature, etc..
- The delivery of a position of head of visa dispatch in the consulate of Venezuela in India.
- The provisional approval of those excluded and admitted in the competitive examinations to fill the police vacancies to work in the municipal council of any state of a country.
- Issue an injunction for disability
- Appointment of director or president of a public body.
- An administrative resolution for adoption.
- Fines to companies.
- A fine for a traffic violation.
- The monthly payroll of any public official.
- An administrative act for the granting of a subsidy.
- Warrant to arrest an individual.
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