The public administration

Question 1

What are the fundamental principles of the public administration?

Answer 1

• Legality
• Impartiality
• Transparency
• Sound administration
• Balance of budget and debt’s sustainability
• Responsibility

Question 2

LEGALITY

Answer 2

Public administration must be organized and must exercise its power according to the law

Question 3

IMPARTIALITY

Answer 3

The public administration must exercise its autoritative powers only in pursue of the public interest. it must ponder all the public interests at stake in a fair way, avoiding unreasonable discriminations and political-party/private lobbying influences

Question 4

TRANSPARENCY

Answer 4

PA must act in an open and accountable way

Question 5

SOUND ADMINISTRATION

Answer 5

PA must operate efficiently

Question 6

BALANCE OF BUDGET AND DEBT’S SUSTAINABILITY

Answer 6

Balance of budget and debt’s sustainability in using public financial resources and goods.

Question 7

RESPONSIBILITY

Answer 7

PA and civil servants are responsible, together with the state, for their activity

Question 8

OPPOSITIVE LEGITIMATE INTEREST

Answer 8

When PA legally compresses a right –> the interest in opposing an act of the PA

Question 9

PRETENSIVE LEGITIMATE INTEREST

Answer 9

When PA legally chooses not to grant a right –> interest to receive something from PA

Question 10

What are the 4 phases of the administrative procedure?

Answer 10

1. Initiative
2. Fact-finding
3. Decision
4. Effectiveness

Question 11

Characteristics of the administrative act?

Answer 11

• Typical (the PA cannot adopt acts that are not expressely envisioned by the law)
• Unilateral (the administrative act does not require the consent of the individuals involved)
• Authoritative (it modifies the legal and material situation of the individual involved)
• Effective (it has direct effects, immediately effective as soon as published) and Enforceable (can be directly executed by public authorities as soon as it is published)
• Favorable/unfavorable (for the legal and material situation of the individual involved)
• General (the effects involve a potentially undefined group of individuals) or Individual (the effects affect specific identifiable individuals)

Question 12

Elements of the administrative act?

Answer 12

• Subject
• Object
• Content
• Cause
• Form
• Term
• Condition

Question 13

When is an administrative act illegal?

Answer 13

• Null and Void
• Voidable (incompetence, infringement of Law, Abuse of discretionary powers)
• Irregular

Question 14

What are the possible remedies against an administrative act?

Answer 14

• Removal
• Hierarchical review
• Judicial review