Definition of Administrative Act

By administrative act refers to that voluntary declaration that the state or a public body makes on behalf of the exercise of the public function that it has to perform and that will have the clear intention of generating individual legal effects in a immediate. It can only have its origin and reason for being in the administrative power of the day, which will be the manifest, meanwhile, it will be imposed in an immediate way as we said, but also imperative Y unilateral.

Since the ultimate goal of the Public administration from anywhere on the planet is to be able to satisfy those collective interests, it is that for them, it will dictate the described administrative acts. A fundamental characteristic of this type of act is that in itself they are already executive acts, because in no way will they need an authorization from the Justice to be able to be put into practice and be fulfilled like any other rule legal.

Administrative acts can be classified according to different issues: origin, content, form, addressees, effects or by the connection with any pre-existing norm.

Starting with the classification by its origin, it tells us that we can meet simple acts, which will be those that come from the same body and the complexes, which, in opposition to the previous ones, tell us that instead they are those that come from or originate in two or more organs.

If it is the content that will distinguish them, we find two types too, on the one hand the constitutive which are those that create, extinguish or modify legal norms or, failing that, declarative that prove a legal situation.

According to the form, the act can be express, that is, it is manifested in a formal way, or alleged, manifested through administrative silence after a period of time.

For the effects that they cause, we will be able to find favorable acts, which give rise to a new legal situation or, on the contrary, the unfavorable, which limit a heritage legal.

Classification by recipients, on the other hand, will create acts of character singular, which are those intended for an individual person, or of a general nature, which will be directed to a plurality indeterminate. And depending on the relationship they have with a previous rule, administrative acts may be regulated or unregulated. In the first case, the administration a rule that determines the content of the act will apply and in the second case, various solutions may be chosen.