If the legislation allows it, the person responsible for a public service can issue an administrative resolution.
A resolution can be a decree , a decision or a ruling issued by a specific authority. Depending on their source and scope, resolutions can be qualified in different ways.
An administrative resolution , in this sense, is an order issued by the person responsible for a public service . This is a standard whose scope is limited to the context of the service in question and whose compliance is mandatory. For example: “The concession of the service will be made official through an administrative resolution,” “The Supreme Court warned that new taxes cannot be set through an administrative resolution,” “The leader is working on the design of an administrative resolution.” that establishes the scope of the agreement.”
Experts point out that administrative resolutions are issued so that public services comply with the functions that are stipulated through legislation . What the administrative resolution does is detail, develop or complement what is established by law .
Characteristics of an administrative resolution
In addition to everything stated above, we have to highlight another important series of aspects regarding administrative resolutions, among which are the following:
-They are usually made up of three different parts: the expository, which establishes what the “problem” is; the considerative, which analyzes the aforementioned problem in question; and finally the operative part, which records the solution that has been agreed upon.
-The competence to carry out the process of issuing the resolution is held by the person who, legally, has been granted the aforementioned competence over the right that is claimed or over the decision that must be adopted.
-The law is what determines deadlines, specific or general depending on the case, to issue the pertinent administrative resolution. Deadlines that, as it cannot be otherwise, must be absolutely respected.
-It is established that it is fundamental and necessary that the document in question carry out the decision or solution of all the issues that are raised by the interested parties and those that, as a consequence, emanate from them.
-There are administrative resolutions of a particular nature that, according to the existing legislation in Spain, must inevitably comply with a maximum. Which? It is considered essential that, under no circumstances, do they violate the provisions of a general provision, even if they have a rank identical to those or even higher. And this is reflected in Law 30/1992, of November 26, on the Legal Regime of Public Administrations.
An administrative resolution complements or details something established by law.
Flexibility and complementarity
The importance of administrative resolutions lies in their flexibility. These resolutions present updated and specific information that is not part of the text of the law.
It should be noted that administrative resolutions are complementary to the laws, articulating with them but never contradicting them. The agency in charge of tax collection in a country can issue administrative resolutions to establish how sworn declarations corresponding to a certain rate should be made, to name one possibility, although they cannot create a new tax since that is outside their reach. .