Introduction to Administrative Law
Administrative law is a branch of public law that regulates the activity of the public administration and the relations between it and citizens. It is of vital importance to guarantee the transparency, legality and effectiveness of administrative acts.
Functions of Administrative Law
Among the main functions of Administrative Law are:
1. Control of Public Administration:
Administrative Law is responsible for controlling the actions of public administration to ensure that it complies with the law and respects the rights of citizens.
2. Protection of citizens' rights:
This branch of law aims to protect the fundamental rights of citizens against possible abuses by the public administration.
3. Ensure the effectiveness of administration:
Administrative Law seeks to guarantee the effectiveness of public administration, ensuring that it fulfills its functions effectively and for the benefit of society as a whole.
4. Regulate the functioning of public administration:
This branch of law establishes the rules and procedures that must be followed in the exercise of administrative functions, thus avoiding arbitrariness and guaranteeing transparency in public management.
Principles of Administrative Law
Administrative Law is based on a series of fundamental principles that govern all public administration actions. Some of the main principles are:
1. Legality
This principle establishes that public administration must always act within the legal framework and respect the rights and guarantees of citizens.
2. Impartiality
Public administration must act impartially, without discrimination or favouritism, guaranteeing equal treatment for all citizens.
3. Efficiency
Public administration must efficiently manage public resources, always seeking the general interest and the benefit of society.
4. Good faith
Public administration must act in good faith, that is, honestly and transparently, guaranteeing citizens' trust in its actions.
Resources in case of violation of rights
If a citizen considers that his or her rights have been violated by the public administration, there are a number of resources and avenues for complaints that can be used to assert his or her rights. Some of the most common options are:
1. Appeal
This resource allows citizens to challenge administrative acts before a higher body, requesting their review and revocation if they consider them contrary to the law.
2. Contentious-administrative appeal
If the appeal is rejected, citizens can resort to judicial means, filing an administrative appeal before the courts to decide on the legality of the contested administrative acts.
3. Complaint to the Ombudsman
The Ombudsman is an independent institution that ensures the defence of citizens' rights vis-à-vis the public administration, and may submit complaints and requests for investigation in cases of possible rights violations.
Conclusion
In short, Administrative Law is a fundamental tool for guaranteeing legality and transparency in the actions of the public administration, protecting the rights of citizens and ensuring the general interest. It is important that citizens know their rights and the avenues of complaint available in the event of a violation, in order to be able to assert their rights and demand compliance with the law by the authorities.
For all these reasons, if you need legal advice on Administrative Law, we recommend that you contact the lawyer Eva Alcalá Salmerón, an expert in the matter and with extensive experience in the field of Administrative Law. You can find more information on her website www.abogadagranada.es.
