Class 3

Question 1

What kinds of things must be assesed when looking at an administrative activity?

Answer 1

they should be observed as a whole (i.e., to assess whether a public service is efficient enough, effective, or soundly managed) or, more in detail, focusing on if actions are soundly performed and, above all, consistent with the law, especially where third parties are directly involved

Question 2

Under a juridical view, actions are performed through procedures (proceedings). what are proceedings?

Answer 2

– namely sequences of activities and acts to collect all the legally relevant
information needed by the decision-maker – ending up with
(1) an explicit (or tacit / silent) decision,
or
(2) a behavior (i.e., the occupancy of land because of some undelayable urgency;
the traffic light at the intersection of a road, etc.),
that causes legal consequences for third parties.

Question 3

Apart from behaviors (quite a marginal category nowadays), public authorities
usually act through decisions.

What are the two main large categories

Answer 3

• unilateral-authoritative decisions being
  regulatory in nature (regulation) whose purpose is to rule a subject
  through general and impersonal prescriptions) [=> sources of law?]
  or
  tangible and specific (measure) as decisions in which both subjects and
  parties concerned (or addressees) are actually identified;
• agreements / contracts => in this regard, the (i) public or (ii) private nature of
  the agreement to which the administration is a contracting party outlines very
  different legal categories.
  [(i) => i.e., a memorandum of understanding between public authorities ]
  [(ii) => i.e., a contract traded with an undertaking to perform a public work or
  build some assets ]

Question 4

it is possible to highlight a direct nexus between distinct
procedures and their (different) output, namely decisions:

Answer 4

1) Administrative Rule-making => (administrative) regulation.
2) Administrative Proceeding (or Adjudicating, USA) => (administrative)
measure / provision / order.
3) Awarding Procedure => Contracts [=> see above (ii)]

[In short: administrative activity => action => proceeding => decision ]