general

definition of administrative act

By administrative act it refers to that voluntary declaration that the state or a public body makes on behalf of the exercise of the public function that it has to perform and that will have the clear intention of generating individual legal effects immediately. It can only have its origin and reason for being in the administrative power of the moment that will be the one who manifests it, in as much, it will be imposed in an immediate way as we said, but also imperative and unilateral.

Given that the ultimate objective of the Public Administration of any place on the planet is to be able to satisfy those collective interests, it is for them that it will dictate the described administrative acts. A fundamental characteristic of this type of act is that in itself they are already executive acts, because in no way will they need an authorization from the Justice to be able to be put into practice and to be complied with like any other legal norm.

Administrative acts can be classified according to different issues: origin, content, form, recipients, effects or by the connection with any pre-existing norm..

Starting with the classification by its origin, this tells us that we can find simple acts, which will be those that come from the same body and the complexes, which, in opposition to the previous ones, tell us that instead they are those that come from or originate in two or more organs.

If it is the content that will distinguish them, we find two types too, on the one hand the constitutive which are those that create, extinguish or modify legal norms or, failing that, declarative that prove a legal situation.

According to the form, the act can be express, that is, that it manifests itself in a formal way, or alleged, manifested through administrative silence after a period of time.

Due to the effects that they cause, we will be able to find favorable acts, which give rise to a new legal situation or on the contrary, the unfavorable, which limit a legal heritage.

Classification by recipients, on the other hand, will create acts of a singular character, which are those intended for an individual person, or of a general nature, which will be directed to an indeterminate plurality. And depending on the relationship they have with a previous rule, administrative acts may be regulated or unregulated. In the first case, the administration will apply a rule that determines the content of the act and in the second case, various solutions may be chosen.