Administrative Law and Administrative Litigation
Administrative law
Understand the principle of legality of administrative action, the hierarchy of the administration, and the types of administrative acts (regulatory, individual, discretionary vs. bound). Know the elements of the administrative act: competence, form, procedure, motive, and content. Learn the grounds of invalidity (nullity for lack of competence, usurpation, or essential procedural defect; annulment for other defects).
Administrative litigation
Master the jurisdiction of administrative courts, the requirement of prior administrative complaint where applicable, and the time limits for challenging acts. Know the types of action: annulment, declaration of nullity, and condemnation of the administration. Understand the effects of a favourable judgment and the limits of judicial review of discretionary decisions (review of legality, not of merit).
Traps
Exams test the difference between nullity and annulment of administrative acts and the deadlines for each. Watch for questions on the administration's power of self-correction and on the distinction between an administrative act and an internal instruction.
Worked rule
To challenge an act: identify the act, verify its legal nature, check the deadline, and confirm whether prior complaint is required. If the act is null, the action may be brought without time limit; if merely voidable, the short deadline applies.