Administrative law regulates the public domain.
Administrative law is the branch of law that is responsible for the regulation of public administration . It is, therefore, the legal system regarding its organization, its services and its relations with citizens.
Administrative law can be framed within internal public law and is characterized by being common (it is applicable to all municipal, tax, etc. activities), autonomous (it has its own general principles), local (it is linked to the political organization of a region) and exorbitant (exceeds the scope of private law and does not consider a level of equality between the parties, since the State has more power than civil society).
Origin of administrative law
The origin of administrative law dates back to the 18th century , with the liberal revolutions that ended up overthrowing the so-called Old Regime . The new political systems contemplated the existence of abstract, general and permanent legal norms to regulate relations between the State and citizens. On the other hand, the new order meant the development of institutions for the control of the State, which was no longer in the hands of an absolutist monarch.
Currently, administrative law applies to all bodies and institutions through which the public administration acts. These bodies have powers superior to those available to individuals (the imperium ). Administrative law is responsible for acting on administrative bodies when they act using their public powers (that is, using the power of imperium that breaks the equality between the parties).
In addition to all of the above, we cannot ignore the fact that administrative law has different sources. These can be of very diverse types: we find written or unwritten, primary or secondary and even direct or indirect sources, among others.
Consumers and users are protected by administrative law.
Its branches
Experts distinguish between various branches of administrative law. Functional administrative law is that which focuses on the administrative act, the administrative procedure and other procedures carried out by the public service.
Organic administrative law , meanwhile, analyzes how taxation is organized. Administrative procedural law , for its part, contemplates the legal regulations that enable the control and supervision of the public administration to guarantee transparency.
Municipal law , customs law , urban planning law , road law and environmental law are also considered areas of administrative law as they regulate issues related to urban planning, public transportation, economic regulation and other issues.
Administrative law contributes to legal certainty.
Characteristics of administrative law
Administrative law makes possible the organization and regulation of public administration. It allows the rights of citizens to be protected in their relationship with the administration and seeks administrative efficiency.
Each public service, for example, is the responsibility of administrative law. Among other issues, administrative law examines the responsibility of the State , protects public assets, supervises the legality of state actions and may impose a fine, infraction or administrative sanction when appropriate.
The case of Spain
If we take the case of Spain , for example, any person who chooses to occupy a position as an administrator or administrative assistant within a public institution or entity sees the need to acquire knowledge about the pillars, sources, functions and fundamental legislation. within administrative law.
Specifically, this will lead you to train in matters of administrative acts and their different types, the normative hierarchy, regulations and their classes, the principles of administrative organization, the principle of regulatory competence, the principle of non-derogability of regulations and bodies. administration peripherals.
It is also essential that you learn everything related to administrative law and its legal system aspect. In this sense, it is vital that you discover that, in a procedure within this area, administrative bodies can never take part in it if certain circumstances come together.
More precisely, these circumstances include having some type of personal interest in the matter in question, having some kind of professional relationship with the person directly interested in the topic, having family relations with that person or even having intervened. in the proceedings as a witness.
Training in administrative law
It should be noted that there are different training options in administrative law. At the University of Buenos Aires ( UBA ), for example, there is a Master's and Specialization in Administrative Law and Public Administration , which is part of the postgraduate courses offered by this Argentine university.
The objectives of this specialization are to provide theoretical knowledge and a comprehensive and practical approach to the field of administrative law. The aim is to train specialized university lawyers who can work in the public or private sphere.
To take the Master's Degree and Specialization in Administrative Law and Public Administration at the UBA , a law degree and basic knowledge about the institutions of administrative law are requirements.