Administrative Law and Administrative Procedure
Administrative law substance
Administrative law governs the organisation and activity of public bodies and their relations with private persons. Master: the principle of legality, discretion and its limits, the administrative act (individual and normative), its elements and defects, and the grounds for its annulment. Know the public service framework, state property, and liability of public bodies for unlawful acts.
Administrative procedure
The Administrative Procedure Code regulates how an administrative body issues an act: initiation (ex officio or on application), investigation, hearing of the party, reasoning, notification, and entry into force. Core principles include lawfulness, equality, proportionality, legitimate expectations, the right to be heard, and the duty to give reasons.
Judicial review
Administrative courts review the legality of administrative acts. Know the grounds of challenge (lack of competence, procedural violation, misapplication of law, abuse of discretion), the standing of affected persons, deadlines for filing, and the powers of the court (annul, oblige the body to act, award damages).
Traps
- Confusing normative acts (general, addressed to all) with individual acts (addressed to a named person).
- Forgetting that the administration must reason its decisions; silence is a defect.
- Missing the short deadlines for challenging administrative acts.
- Assuming courts can substitute their own discretion for lawful administrative discretion.
Rule of thumb
When reviewing an administrative act, test in order: (1) competent body, (2) correct procedure (hearing, reasons), (3) correct facts, (4) correct application of law, (5) proportionality of discretion. Any failure at steps 1–4 is a ground for annulment.