Types of administrative actions Flashcards Preview

Comparative Administrative Law > Types of administrative actions > Flashcards

Flashcards in Types of administrative actions Deck (18):
1

Germany - Contracts

1. Bilateral and consensual
2. Administrative law contract:
- In the area of public law
- Constitutes, amend or annul a legal relationship
- Contract

2

Germany - Verwaltungsakt

1. Act of sovereign nature - Order, decision or other sovereign measure = Unilateral - Can be unwritten
2. Issued by an authority - Can be individuals vested with public powers
3. To regulate (= change) the legal sphere of an individual - As opposed to realakt
4. Of an individual case - Determined (concrete and abstract) or determinable (concrete only)
5. Direct external legal effects - As opposed to internal measures (administrative direction)

3

Germany - Realakt

1. Order, decision or other sovereign measure = Unilateral
2. Issued by an authority
3. Does not regulate - Factual action (public information or factual conduct)

4

Germany - Administrative Direction

Internal measure - On how the administration shall use its discretion

5

Germany - Executive regulations

1. Order, decision or other sovereign measure = Unilateral
2. Issued by an executive authority (ministry)
3. To regulate (= change) the legal sphere of an individual - As opposed to realakt
4. Abstract

6

Germany - By-laws

1. Order, decision or other sovereign measure = Unilateral
2. Issued by an organ of indirect state administration (municipality)
3. To regulate (= change) the legal sphere of an individual - As opposed to realakt
4. Abstract

7

The Netherlands - Besluit

1. Decision - Unilateral, written
2. Ordered by a public authority - Can be private individuals vested with public powers
3. For the regulation of (= change) the legal sphere of an individual
5. Individual or general:
- Individual = Order beschikking (to a specific addressee or a specific object)
- General = Decision of general application
7. With direct external legal effect - No internal measure

8

The Netherlands - Internal measure

Guideline

9

The Netherlands - Types of decisions of general application

1. Generally binding regulation - General and abstract
2. Concrete norms - General and concrete
3. Policy rules - To guide the administration in its exercise of public powers

10

The Netherlands - Factual action

1. Public information
2. Factual conduct

11

The Netherlands - Contract

1. Bilateral and consensual
2. Private law contract
3. Policy contract - A contract concluded to achieve a public goal
4. Competence contract - The administration binds itself to exercise its competence in a way that is favourable to the 2nd party

12

France - Décision individuelle

1. Decision - Unilateral
2. Issued by a public authority - Can be individuals vested with powers of service public
3. For the regulation of the legal sphere of an individual
4. Individual and concrete = Determined addresses
5. Direct external or internal effect

13

France - Internal measures

1. Circulaire - From higher civil servant to lower civil servant
2. Guidelines - Internal rules on the exercise of discretionary power

14

France - Décision réglementaire

1. Decision - Unilateral
2. Issued by a public authority - Can be individuals vested with powers of service public
3. For the regulation of the legal sphere of an individual
4. General and abstract
5. Direct external or internal effect

15

France - Décision particulière

1. Decision - Unilateral
2. Issued by a public authority - Can be individuals vested with powers of service public
3. For the regulation of the legal sphere of an individual
4. Addresses are not determined but determinable
5. Direct external or internal effect

16

France - Contract

1. Bilateral and consensual
2. Usually only administrative contract
3. Unless the objective can be achieved with the use of service public powers

17

England and Wales

1. Decision - Unilateral
2. Ordered by a public authority - Can be individual vest with public law powers
3. Regardless of whether the legal sphere has changed or not
4. Of an individual case or general nature
5. Direct external or internal effect

18

England and Wales - Contracts

All contracts are private law contracts