Administrative Law and Administrative Procedure
Administrative law
The field governs the organization and activity of executive bodies and their relations with private persons. Know the types of administrative acts (normative and individual), the requirements for a lawful act (competence, form, procedure, reasoning, proportionality), and the grounds for annulment. Understand public service, licensing, permits, and state control (inspection) powers.
Administrative procedure and remedies
Candidates must know the administrative complaint route and judicial review before administrative courts. Distinguish full jurisdiction review from legality review. Know time limits for challenging acts and the effect of suspensive appeals. Understand administrative liability (offences and sanctions imposed by executive bodies) and its separation from criminal and disciplinary liability.
Traps
Frequent traps: assuming silence of an authority equals approval (only where the law so provides); confusing an administrative act with a normative act; and missing that proportionality is a substantive requirement, not merely a procedural one. Another trap is mixing the administrative offence procedure with disciplinary proceedings.
Rule of thumb
Test any administrative act against four questions: did the body have competence, did it follow the procedure, did it give reasons, and is the measure proportionate? If any answer is no, the act is vulnerable.