Administrative Law and Administrative Procedure
This domain tests the Law on General Administrative Procedure and the control of administrative action. The exam expects you to identify an administrative act, apply procedure, and choose the correct remedy.
Core rules
- An administrative act is an individual, authoritative decision by a competent body deciding a right, obligation, or legal interest.
- Principles include legality, protection of legitimate expectations, proportionality, material truth, the right to be heard, reasoned decisions, and appeal.
- The first-instance body must establish facts, allow the party to comment, and issue a written decision with reasons and instructions on appeal.
- Appeal is normally lodged with the second-instance body within the statutory deadline; a direct court action is not the ordinary first step.
- Administrative silence can be treated as a refusal in cases defined by law, opening appeal or dispute.
- The Administrative Court reviews legality, not the merits as a fresh decision-maker. Nullity is narrower than annulment.
Worked example
An inspector closes a restaurant without stating facts or giving the owner a hearing. The decision is defective for lack of reasoning and breach of the right to be heard. The owner should appeal to the second-instance body within the deadline, asking for annulment. If the appeal fails, an administrative dispute may follow. The inspector's oral comments do not cure a missing written reasoning.
Traps
Students lose marks by rushing to court before exhausting appeal. Another trap is confusing internal instructions, which are not administrative acts, with decisions affecting rights. Do not ignore deadlines or assume a new decision can be applied retroactively.