Administrative Law and Administrative Procedure
Core concepts
Study the types of administrative acts (individual, general, normative), their requirements for validity, and the grounds for their annulment. Learn the Administrative Procedure Code: the procedure for issuing acts, the right to be heard, the requirement of reasons, and the appeal routes. Understand the distinction between administrative acts and administrative contracts, and the jurisdiction of administrative courts. Know the rules on tacit refusal and the time limits for challenging acts.
Traps in questions
- An act can be challenged only if it is final and directly affects rights; preparatory acts are not separately appealable.
- The time limit for appeal is short and runs from notification, not from the date of the act.
- Distinguish annulment (unlawfulness) from revocation (discretionary withdrawal) - different grounds and limits.
- Administrative courts review legality, not expediency; they cannot substitute their discretion for the authority's.
Worked example
An applicant is refused a licence by a reasoned act. Rule of thumb: the appeal goes to the administrative court within the statutory period from notification; the court examines legality and may annul the act but cannot grant the licence itself.