WHAT ARE THE ELEMENTS OF THE ADMINISTRATIVE ACT? - CULTURE VOCABULARY - 2025

The elements of the administrative act are the subject, the competence, the will, the object, the motive, the merit and the form.

The administrative act is understood as the authority exercised by a public power or the state making use of its administrative powers.

These decisions can affect both public and private subjects on issues as diverse as freedoms and rights and their legal effects must be applied immediately.

Administrative acts are considered as acts of the executive, and their declaration and application do not require legal authorization in most countries, so they are taken as any legal norm.

General characteristics of the administrative act

Administrative acts are the ultimate manifestation of will and power by the legislature, with an impact on the rights and obligations of citizens.

Administrative acts may be resolutory or procedural, express or presumed acts, regulated or discretionary acts, singular or general acts, actionable acts, confirmatory or reproductive acts and finally favorable or unfavorable acts.

Administrative acts vary in each country depending on their established resolutions.

In the case of Spain, for example, since 1978 they have been directed and evaluated by the Judicial Power and the Contentious Administrative Jurisdiction of Spain.

Elements of the administrative act

In order for an administrative act to take place, the state must consolidate a series of steps and factors. The necessary elements are seven:

The subject

It is the individual who as a figure of the state announces the declaration of will thanks to the powers that have been granted.

The competition

It is understood as the amount of power or attributions that are conferred on an entity and with which each body can issue decisions. Competition is measured by the amounts of power attributed and not by qualities.

Will

It is understood as the objective or subjective intention on the part of the official in charge of decreeing the administrative actions.

These can come from the simple particular intention or from knowledge of the specific circumstances of each case.

The object

For the object to be executed it must be palpable and also possible from the legal field.

The object must analyze all the proposals that are presented without their conclusions affecting the rights already acquired.

The reason

The reason is the questioning about the discretion by the public official in charge. The reason represents the justification and the why and why of the action.

The merit

The merit is responsible for ordering and providing all the means to successfully achieve all the public purposes that the administrative act sets as its objective. Merit is one of the fundamental elements of the administrative act.

The shape

It represents the culmination of the administrative act where the final declaration already formulated and constituted is registered, that is, the external elaboration of the act.

References

1. Gordillo, A. (2007). Administrative law treaty: The administrative act. Retrieved on December 1, 2017 from: books.google.es
2. Velasco, F. (1994). The accessory clauses of the administrative act. Madrid: UAM. Retrieved on December 1, 2017 from: uam.es
3. García, T. (1991). Administrative acts. Madrid: Editorial Civitas SA Retrieved on December 1, 2017 from: ulpiano.org.ve
4. Real, R. (nd). Foundation of the administrative act. Santiago: Magazine of Public Law. Retrieved on December 1, 2017 from: uchile.cl
5. Valverde, R. (2003). Efficacy and invalidity of the administrative act. San José: Editorial Juricentro. Retrieved on December 1, 2017 from: ucipfg.com