class 4 Flashcards
Two main large categories of unilateral administrative acts:
Administrative decisions having provisional (prescriptive) nature - cause a positive or negative implication on the addresses. example a permit or a prohibition
and others, although unilateral anyway, that lack such an effect or legal ability. do not create effects and are merely declarative, like giving a certification.
What do we mean when we say that a measure may cause either positive or negative implications?
a measure may cause either positive (i.e., authorizations, clearances,
permits, licenses, reliefs, grants, etc.) or negative legal consequences or
implications (i.e., ablative provisions, fines, sanctions, injunctions, cease-anddesists, etc.) to someone, being the addressee/s or others.
To be qualified as such, administrative measures match some characteristics:
1- Typical
They must be typical meaning that they must be pre-established by law.
2- Unilateral
Measures are issued according to the public authority’s will, under the principle of legality, regardless of the addressee’s consent.
3- Authoritative
Measures can positively or negatively affect the addressees’ legal status mainly establishing some constitutive effect.
4- Executive
Measures create legal consequences only after being noticed to addresses.
5- Coercive (or executory)
Some specific measures may also be directly enforceable by the proceeding public administration as they are qualified as coercive decisions by the law.
6- Unquestionable
As soon as the term to claim against measures has expired, they become unquestionable. Thus, they cannot be submitted for judicial review. The term in which the claim can be made is fairly short.
What are the two ways in which measures can be notified?
- Ad personam legal notice —> a deed sent directly to addressee
- Public deed —> by publishing in some official gazette etc.
What is the only way that a administrative measure can be changed once the review period has expired?
After the deadline for the assessment, only authorities holding power to self-review their measures or review others’ may assess twice the same decision. (Eg. By evaluating if it is still consistent with the public benefit, if any lack of legitimacy occured etc.)
