1. Public administrations (PAs) are bureaucratic organizations that implement legislation, develop public policies, enforce laws, and provide public services using public resources. 2. Administrative law governs the organization and management of PAs and is based on principles like prohibiting arbitrariness, ensuring financial sustainability, serving the general interest, and upholding the rule of law. 3. PAs exist at both state and regional/local levels and make decisions like issuing permits, awarding contracts, enacting regulations, and imposing penalties, always following established administrative procedures.

1. Fundamentals on
Public Administration &
Administrative Law:
The Spanish system
José Luis Bermejo Latre
October 2019

2. PAs = bureaucratic organizations served by
individuals (officials, civil servants) devoted to the
fulfilment of administrative duties
- implement legislation & mandates issued by the courts, enact
regulations
- draft & develop public policies
- enforce legislation
- provide public services: allocate public (financial) resources
Administrative Law = the branch of the Law
focused on the organization & management of the
Public Authorities (PAs)

3. PAs Constitutional principles (9, 103, 106 SC’1978)
Prohibition of arbitrariness
Financial sustainability
Service to the general interest
Objectiveness
Effectiveness/responsiveness
Hierarchy
Decentralization (subsidiarity)Coordination
Full judicial review
Full liability
Civil service principles: merit & ability, impartiality
…above all: Rule of Law

4. PA Structures
• State-level:
– President & Cabinet: Ministries (Cabinet-level Departments)
– Autonomous bodies (i.e. agencies)
– Independent Authorities/Agencies
– State Companies/Corporations (>50% owned/run)
– Non Profit Organizations/‘Quangos’
• Regional & Local Government:
– Autonomous Communities’ Administrations
– Municipalities: Local Councils (Mayor & Councillors/Aldermen)
– Provinces & Counties

5. PAs…
…make single decisions (adjudication): licences/permits,
penalties/fines, orders, seizures, grants/aids (scholarships),
concessions…
…award contracts (public procurement)
…enact regulations (rulemaking): i.e. ordinances & local
bylaws
… always through APs (the formal path to be followed
by the PA in order to issue lawful decisions that can
legitimately be imposed upon individuals and impinge
upon their rights)

6. Substantive & Procedural Administrative Law…
• Substantive Law covers many areas (agriculture,
development, environmental protection, education, health
care, traffic, public property, industry, mining…)
• Procedural Law is the core Administrative Law:
– APA 39/2015 & Public Sector Legal Framework Act 40/2015
– Local Government Act (1985)
– Public Procurement Act (2011)
– Civil Service Act (2007)
– Administrative-contentious Jurisdiction Act (1998)
– Transparency Act (2013)

7. APA 39/2015 lays down…
…the principles & mechanisms of administrative organization & management
(attribution/delegation/withdrawal of competencies, etc.)
…the “Bill of rights” of the citizens before the PAs (right of access to
administrative information falls outside the APATransparency Act’2013)
… the basic & common rules for the development of any administrative
procedure:
– use of registries, record compiling&filing, calculation of terms, notification, hearing
requirements…
– elements & steps of decision-making/adjudication procedures
– “Administrative silence” implied decisions
… the conditions for the validity of any administrative action: if a PA breaks the
Law or exceeds its powers, its action is unlawful (voiddeclaration of nullity;
voidableannulment)
…the administrative remedies (self review & redress system): hierarchical
recourses/appeals adjudicated by the PA
... the enforcement powers granted to PAs (prosecution of
violations/infringements)

8. The double-phased review of the PA activity
PAs are entitled to a pre-judicial self review:
– A PA may overturn/withdraw her own decisions ex officio & ex parte (on request)
– individuals may file recourses/appeals against PA decisions
– upper units review decisions adopted by lower units
– A PA may withhold its own decisions if a recourse/appeal is filed (decisions do not
take effect immediately)
– if the appeal is rejected, the stakeholder may seek judicial relief
PAs may be sued under the Administrative-Contentious Jurisdiction Act’1998 for their
unlawful activities & omissions, whether formal or material
- “Final order rule”: the recourse must be definitely adjudicated by the PA to be ripe for
judicial review (the claimant must :
1 prove standing to sue,
2 have exhausted all possible administrative remedies)
- different Courts are competent depending on the PA sued
- Courts are likely to defer to the technical discretionary powers of the PA
- Judicial rulings are immediately executive/enforceable

9. Administrative rulemaking
PAs have broad regulatory powers within the legal framework
PAs may enact pieces of (minor) legislation (REGULATIONS) that must be:
– consistent/respectful with Statutes & higher level regulations (if the case be)
– the result of a specific administrative procedure where stakeholders must be
heard (given an opportunity to express their views)
– published in official journals
– subject to full judicial review
Administrative openness & accountability (Transparency Act 19/2013)
PAs must disclose “any files and records” to “any person” on request, and make
such information available electronically:
• within certain terms, through a specific administrative procedure
• without prejudice of certain limits on information disclosure
• remedies against PAs refusing to disclose information
Administrative Tort Law (Public Sector Legal Framework Act 40/2015)
PAs are liable and may be sued for tort (individuals may seek
compensation/damages from the PA for any loss incurred/suffered as a result of
the management of a public service, save force majeure/‘act of God’)

10. Late trends in PA & Administrative Law
• Internal outsourcing: Autonomous organizations &
Quangos
• Privatisation of the PA: Self regulation, Public-Private
Partnerships, Government-chartered private
organizations…
• eGovernment (ITs, Ai)
• oGovernment (public information disclosure)
• Cooperative Governance: participation of the public in
decision-making, lobbying
• Procedural simplification: “cutting red tape”
• Leniency Programs (Enforcement Law)