Subject of Administrative Law
Governs public relations arising from the executive activities of state bodies.
Legal relations can be vertical (hierarchical) or horizontal (equal).
Characteristics of Administrative Law
Regulates implementation of executive activity.
Legal regulation is mostly unilateral and authoritarian.
System of Administrative Law
Composed of substantive (content-focused) and procedural (process-focused) rules.
Distinguishes between general (overall governance) and special (specific relations) rules.
Sources of Administrative Law
Legal acts of competent state bodies containing administrative norms.
Constitution has the highest legal authority, defining rights and obligations.
Other sources include laws, instructions, decrees, and regulations.
Must incorporate EU acts due to Bulgaria's membership.
Administrative Norms and Legal Relations
General rules of conduct regulating public administration relations.
Distinguishes administrative law from civil law through hierarchical structure.
Norms consist of hypothesis, disposition, and sanction, often dispersed across acts.
Types of Administrative Norms
Based on nature: binding, prohibiting, allowing, empowering.
Role: material or procedural.
Territorial applicability: common or specific territory.
Administrative Relations
Concrete manifestations of legal norms based on power and subordination.
Legal relationships can arise from lawful facts or events (e.g., administrative acts).
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Subject of Administrative Law
Governs public relations arising from the executive activities of state bodies.
These public relations involve interactions between administrative bodies themselves, and between administrative bodies and individuals or organizations.
Executive activities encompass the practical implementation of laws and the daily functioning of the state administration.
Legal relations can be vertical (hierarchical) or horizontal (equal).
Vertical relations: Characterized by power and subordination, where one party (the administrative body) holds authority over the other (an individual or a lower-level administrative body). Examples include a ministry issuing a directive to a municipal administration or a tax authority assessing a citizen.
Horizontal relations: Involve parties with equal legal standing, typically administrative bodies interacting with each other on a cooperative basis, but still within the scope of public law.
Characteristics of Administrative Law
Regulates implementation of executive activity.
This involves applying legal norms to specific situations through administrative acts, official actions, and services provided by state and municipal bodies.
It ensures the lawful and effective functioning of the public administration in serving public interest.
Legal regulation is mostly unilateral and authoritarian.
This characteristic stems from the public authority vested in administrative bodies, allowing them to impose obligations or grant rights without the direct consent of the other party (e.g., issuing permits, imposing fines, or making regulatory decisions).
Despite its authoritarian nature, it is bound by the principles of legality, proportionality, and due process.
System of Administrative Law
Composed of substantive (content-focused) and procedural (process-focused) rules.
Substantive rules: Define the rights, obligations, and powers of administrative bodies and citizens in various administrative fields (e.g., environmental protection, urban planning, public health).
Procedural rules: Govern the methods and steps that administrative bodies must follow when exercising their powers or rights, ensuring fairness, transparency, and consistency in administrative actions (e.g., rules for issuing administrative acts, appeals procedures).
Distinguishes between general (overall governance) and special (specific relations) rules.
General rules: Apply broadly across the entire public administration, setting fundamental principles of administrative activity and regulating common types of administrative relations (e.g., principles of good administration, general rules for administrative proceedings).
Special rules: Address specific types of administrative relations or particular sectors of public administration (e.g., administrative law related to education, foreign affairs, defense, specific economic regulations).
Sources of Administrative Law
Legal acts of competent state bodies containing administrative norms.
Constitution has the highest legal authority, defining rights and obligations.
The Constitution lays down the foundational principles of state structure, human rights, and the powers of state organs, providing the ultimate legal basis for all administrative activity.
It guarantees fundamental rights (e.g., right to good administration, right to an effective remedy) that administrative bodies must uphold.
Other sources include laws, instructions, decrees, and regulations.
Laws (statutes): Acts adopted by the parliament, which regulate fundamental aspects of administrative activity and define the powers of administrative bodies and the rights of citizens.
Decrees (ordinances): Acts issued by the Council of Ministers (government) that elaborate on laws and provide detailed rules for their implementation.
Regulations: Normative acts issued by individual ministers or heads of agencies, providing even more specific rules within their areas of competence.
Instructions: Internal acts not directly binding on citizens but guiding the internal operations and uniformity of administrative practices.
Must incorporate EU acts due to Bulgaria's membership.
European Union law (treaties, regulations, directives, decisions) has supremacy over national law and is directly applicable or requires transposition into national administrative law, significantly influencing various administrative sectors.
This includes areas like competition, environmental protection, consumer rights, and public procurement.
Administrative Norms and Legal Relations
General rules of conduct regulating public administration relations.
These norms prescribe how administrative bodies should act, what duties they have, and what rights individuals possess in their interactions with the administration.
Distinguishes administrative law from civil law through hierarchical structure.
Unlike civil law, which typically governs relations between equal private parties, administrative law is characterized by a power-subordination relationship between the public authority and the individual or entity.
Norms consist of hypothesis, disposition, and sanction, often dispersed across acts.
Hypothesis: Describes the conditions or facts under which the norm applies (e.g., if a person applies for a permit, if a tax is due).
Disposition: Specifies the rule of conduct or the action to be taken once the hypothesis is met (e.g., the authority must issue the permit, the tax must be paid).
Sanction: Defines the legal consequences for non-compliance with the disposition (e.g., refusal of permit, imposition of fine, coercive measures).
Types of Administrative Norms
Based on nature: binding, prohibiting, allowing, empowering.
Binding norms: Mandate a specific course of action (e.g., an obligation to register a business).
Prohibiting norms: Forbid certain actions (e.g., a ban on construction in protected areas).
Allowing norms: Grant permission for an action, often upon fulfilling certain conditions (e.g., obtaining a license).
Empowering norms: Confer authority or discretion to administrative bodies to act within certain limits (e.g., empowering a mayor to issue certain orders).
Role: material or procedural.
Material norms: Define substantive rights and obligations.
Procedural norms: Regulate the process of administrative action.
Territorial applicability: common or specific territory.
Common territory: Apply nationwide.
Specific territory: Apply only within a particular administrative-territorial unit (e.g., a municipality or region).
Administrative Relations
Concrete manifestations of legal norms based on power and subordination.
These are dynamic interactions where the rights and obligations defined by administrative norms are actualized between specific parties.
They always involve at least one state or municipal administrative body acting in its official capacity.
Legal relationships can arise from lawful facts or events (e.g., administrative acts).
Lawful facts: Include submitting an application, exceeding a speed limit, applying for a benefit, or registering a birth.
Events: Occurrences independent of human will that trigger administrative legal consequences (e.g., natural disaster leading to emergency measures).
Administrative acts: Unilateral decisions by administrative bodies that create, alter, or extinguish rights or obligations (e.g., issuing a building permit, imposing a fine, granting a license).