Administrative Law and Administrative Procedure
Administrative law
Administrative law governs relations between citizens and executive bodies. Know the types of administrative acts, the requirements of legality, competence, form, and motivation, and the grounds for invalidity. Understand public service, administrative liability, and the system of administrative penalties (warning, fine, administrative arrest, deprivation of special rights, etc.).
Administrative procedure
Administrative procedure covers the initiation and conduct of administrative cases, the rights of participants, evidence, time limits, and appeal against administrative decisions. Distinguish administrative proceedings from administrative offence proceedings (protocol, consideration, appeal to a higher body or court).
Traps
- Confusing an administrative offence with a disciplinary or criminal offence; the line is often the amount of harm or the form of fault.
- Assuming any official may issue any act; competence is strict.
- Mixing the appeal route: administrative offence decisions are typically appealed to a higher official or a court within a set period.
- Forgetting that an administrative act must be motivated and communicated to be enforceable.
Rule of thumb
For any administrative act, check four things in order: competence of the issuer, lawful grounds, proper form, and proper notification.
Worked example
An inspector fines a business without a protocol. The fine is defective because the protocol is a mandatory procedural document; the defect may render the decision unlawful on appeal, regardless of whether the violation actually occurred.