Administrative Law and Administrative Procedure
What to master
Learn the administrative act: its elements (competent authority, lawful basis, form, motivation, notification), its legal force, and the grounds for nullity vs. annulability. Understand administrative procedure: initiation (by application or ex officio), the right to be heard, access to the file, reasoned decision, time limits, and notification. Know administrative appeal (hierarchical review) and judicial review of administrative acts, including standing, deadlines, and the powers of the court (annul, order action, award compensation).
Traps to expect
- Nullity vs. annulability: a grossly unlawful act (no competence, impossible object) may be void; a merely defective act is annulled on challenge. Questions exploit this distinction.
- Deadlines: appeals and judicial challenges have short statutory deadlines; a missed deadline is a common wrong-answer trap.
- Silence of the administration: failure to decide within the time limit may be treated as an implicit refusal, which is then challengeable.
- Right to be heard: a decision made without giving the affected party a chance to respond is procedurally defective even if substantively correct.
Rule of thumb
Test any administrative act with C-F-M-N: Competence (was the authority empowered?), Form (correct type and reasoning?), Motivation (reasons given?), Notification (properly served?). A failure at Competence may mean nullity; failures at the other steps usually mean annulability.
Worked example
An agency denies a permit without stating reasons and without hearing the applicant. Two defects: no motivation and no hearing. Even if the denial was substantively right, the act is annulled and the agency must re-decide following procedure.