administrative act

Within the legal field, it is possible to distinguish different classes of acts. One of them is the administrative, which consists of the declaration that is manifested voluntarily within the framework of the actions of the public function and it has the particularity of producing, immediately, individual legal effects. In other words, it is a expression of administrative power that can be imposed imperatively and unilaterally.

Being statements, the material acts of the administration public are not included in their administrative acts; the latter, on the other hand, are classified as executives because they do not require an authorization from the Power of attorney to set its characteristics and that these are mandatory.

Classification of administrative acts

There are many currents that have been in charge of identifying the different types of administrative acts; Among all of them, the most accepted is based on the segmentation carried out by Gabino Fraga. According to this theory the acts could be classified:

* By its nature: the Will of who performs them. If your objective is to modify the law or cause an effect on the rights that it regulates, they are legal. If it does not have the will to cause legal effects but is created for the purpose of executing public administration powers such as street paving or cleaning, they are called material or execution acts;

* By the wills that allow its creationAccording to the organizations that form it, they can be unilateral if it only affects the organization that carries it out, or plurilateral if they express the will of two or more people or entities. Within the plurilateral are the collegiate, collective, condition and contractual acts;

* Because of the relationship between your will and the law: according to Rights and obligations imposed by law, acts can be mandatory (also called regulated or linked, people or entities must abide by all aspects imposed by law and there is no room for individual decisions) or discretionary (certain licenses are allowed and the people can make decisions). It is necessary to emphasize that both acts are observed by law, so that neither can obviate the conditions that it determines;

* By the radius in which their actions affect: in this classification it is possible to differentiate between internal and external acts. The former refer to those actions carried out to regulate the internal functioning of the law in an administration. The latter comprise the most important activities of the State, through which it orders and controls the action of internal or individual acts;

* For its purpose: they are intermediaries, or they exercise tools so that the fundamental acts of the administrative activity have an effective destination. According to the reason why the acts are performed, they can be divided into preliminaries (Actions that are essential for the Administration to carry out the powers of the Public Power, directly or indirectly affect individuals), decision (unilateral declarations of will where the modification, termination or recognition of a specific subjective legal situation is recorded) and execution (actions that must enforce the resolutions taken and administrative decisions in all acts performed by individuals, whether of a nature material or legal);

* Due to its content and legal consequences: in this classification can be found others that allow differentiating between acts carried out to expand the legal sphere, others to limit said sphere and those that allow to have evidence of the existence of a Condition.

When the typing of administrative acts obeys those to whom they are intended, it can be distinguished between of a general nature (its recipients are not determined) and the singular character (that are directed to an individual).

Acts can also be linked to previous regulations. They are, in these cases, the regulated administrative acts (related to a rule that determines its content), unlike the not regulated (when you can choose between different resolutions).