Administrative Law and Public Administration Ethics
What you must master
Core concepts: the administrative act (unilateral, executory, presumed lawful), its elements (competence, form, purpose, motive, object) and defects leading to nullity or annulment; administrative procedure (instruction, hearing of the interested party, reasoned decision); principles of legality, proportionality, impartiality, transparency, efficiency, and good faith; administrative contracts; liability of the state; and public ethics - conflicts of interest, confidentiality, prohibition of favouritism, and the duty to declare assets where applicable.
Traps that appear
- Confusing nullity (serious defects, e.g. lack of competence or object) with annulment (remediable illegality).
- Forgetting that lack of reasoning (fundamentação) is a defect of form that can invalidate an act.
- Assuming silence of the administration always means approval - check the specific rule.
- Treating ethical duties as merely moral; they are legally enforceable under the public-service statute.
Rule of thumb (worked example)
When asked whether an administrative act is valid, run the five-element check: competence (did the right body act?), form (written and reasoned?), motive (facts true?), object (lawful and possible?), purpose (public interest?). Example: a director dismisses a civil servant with no legal procedure and no reasoning - defective in competence/procedure and form, so the act is invalid and can be challenged.