Class 1

Question 1

Administrative power is ..

Answer 1

the pure legal ability to
issue or to perform unilateral and authoritative decisions regardless of the
addressee’s will.

Question 2

Administrative State encompasses…

Answer 2

the organization of bodies
entrusted by the law with some administrative power [=> in the form of
authoritative power (i.e., by adjudicating, issuing, and even enforcing their own
decisions)].

Question 3

Administrative bodies are usually affected by the executive’s ability to
set

Answer 3

public interests, rule decisions (either as policy-maker or secondary rulemaker, etc.) over its administrative branches, and draft the latter’s overall organization, and services, or sometimes even appoint or remove senior civil
servants.

Question 4

While governments hold policy-making, pursuing public interests, administrative bodies are encharged to …

Answer 4

implement (manage) those policies by performing (special) powers granted by the law (thus, acting consistently with the law) pursuing public interests (=> see, infra, principle of legality).

Question 5

To prevent arbitrary or biased decisions, administrative bodies must

Answer 5

perform their (authoritative) powers strictly under the law, thus, according to relevant safeguards shaping the administrative power (i.e., stating the impartiality, fairness, and soundness of their actions).

Question 6

From a traditional legal perspective, administrative power may be summarized as..

Answer 6

The ability to tangibly take care of public interests by imposing the administrative bodies’ will on third parties (citizens, undertakings, etc.).

This happens mainly through unilateral and authoritative decisions, having consequences (legal effects) established by the law.

Question 7

The output of the administrative power is an …

Answer 7

administrative decision that may
match either some general and abstract nature [=> as per regulation, etc. ]

or,
more commonly, a specific and tangible one [=> as per measure, order, etc.]

Question 8

The administrative power matches some recurrent legal properties, definitely in common with many national legal systems

Answer 8

it must be performed or exercised under the law (consistently with) by issuing authoritative (binding) and
unilateral decisions supporting or affecting the addressee/s’ legal status.

Question 9

o Administrative Proceedings —>