Public law 15- Administrative power

Question 1

Define administrative power

Answer 1

-the ability to tangibly take care of public interests by imposing public authorities’ will on third parties(citizens)

Question 2

the administrative power must be performed

Answer 2

under the law by issuing unilateral administrative decisions supporting or affecting the legal status of others.

Question 3

the final output of administrative power is a decision that may be one of 2 things

Answer 3

• a general and abstract nature (regulation)
  -a specific and tangible one
  (measure)

Question 4

discretionary powers are a sensitive subject because

Answer 4

the legal parameters to evaluate whether a unilateral-authoritative decision is consistent with the principal of legality are much less precise than assessing the consistency of a decision that is tied

Question 5

distinguish between the 2 categories of administrative decisions

Answer 5

1. Prescriptive Administrative Decision: carry a binding or prescriptive effect, create a specific legal obligation ( measure that may be positive or negative)
2. non-prescriptive administrative decision: may not impose obligations

Question 6

an administrative measure can be classified into 3 categories

Answer 6

1. typical- issued according to the rule of law (pre-established by the law)
2. authoritative- legal ability to create, amend, or extinguish situations
3. executive- ability to establish tangible consequences

Question 7

The ability to directly enforce a measure is an exception that can only be performed if

Answer 7

under the law and to pursue a public benefit

Question 8

define a tied measure

Answer 8

• is the outcome of a mere implementation of the law onto a tangible case (ex. fine for speeding)
  -due to a prior law requirement put into place

Question 9

Discretionary measures define and explain

Answer 9

it is the ability to choose among potential courses of action
- public authorities are required to assess the decision, the timing, content on an administrative decison.

Question 10

still, discretionary methods must always be performed under the law.

Question 11

explain administrative procedure steps of it

Answer 11

1. initiative: request by a third party
2. investigation: collect relevant information to issue appropriate decisions
3. deliberative: the final decision will be issued by the appropriate office
4. Integration of effectiveness: legal notice

Question 12

Discuss administrative measures infringing the law (the lack of legitimacy)

Answer 12

-any measure breaching the law
- infringing the principle of legality
- causes legal consequences

Question 13

List the ways of a lack of legitimacy

Answer 13

1. lack of competence
2. exceeded use of power
   3.infringement of the law