ADMINISTRATIVE OPERATION

They are those legal phenomena that consist of the assembly of a decision of the
administration together with its practical execution, in such a way that they together
constitute a single action of the administration.

The Administrative Operation differs from Administrative Events, since the latter do not always
occur by the will of the administration. In the operation yes.

can be classified
• Operation dependent on a written act: The administrative decision that serves as support,
considered in isolation, applies the superior statute of law and establishes a legal relationship
between the State and the individuals affected by it. Once this act has been perfected, it is
protected by the presumption of legality that engenders for the public administration the
privilege of unofficial execution. The order is enforceable and enforceable. If the interested
person complies with it, there will be no opportunity for further action; If the public power
does not comply, it may use legal procedures of written or verbal compulsion and carry out the
material acts essential to execute the order. This system of unilateral imposition and material
action is what constitutes the administrative operation.
• Operation dependent on an unwritten act: the government and administrative acts of
immediate execution the decision is not written and is carried out.

• Administrative operation of tax settlement: in the classifications of acts there is always a

verbal or written decision, an externalization of the will of the State aimed at producing certain
legal and factual effects. The fundamental facts of the claim in the first stage of its
development reveal the existence of an administrative operation dependent on an unwritten
act and not that of an administrative fact.

Examples:

• Responsibility without fault: It is always raised that in the management of these public
services the State causes damage to an individual and provides harm to them for reasons of
public interest and with legal authorization. The State, for the execution of a work,
expropriates a private property, occupies certain lands, damages a property, diverts water
from which we take advantage; imposes a benefit on us or due to military training causes
damage to our property, there is no need to talk about the responsibility of the official because
he adjusted his conduct to the law, but what about the State? The State has acted in
accordance with the law, the official has not exceeded his limits. We must therefore speak not
of responsibility but of the obligation to compensate.
• The administration makes the decision to break up a demonstration and effectively breaks it
up, even by force.
That is, for the figure of the administrative operation to be presented, the existence of a
decision by the administration is required, that is, an act, which can be express or tacit.
• The Mayor issues a resolution to demolish a work that threatens ruin, in this case the house
is not destroyed by the mere event of the issuance of the resolution, but must be demolished
by a competent authority.

ADMINISTRATIVE OMISSION

They are the abstentions of the administration that produce legal effects with respect to it.
That is, they consist of the administration refraining from acting when it should do so.

Examples

• In the case of repairing a sewer, the administration fails to put safety tapes and an accident
occurs.
• Not fixing an incident on a public road.

ADMINISTRATIVE CONTRACT

State contracts are all legal acts generating obligations entered into by the entities referred to
in the administrative contracting statute, provided for in private law or in special provisions, or
derived from the exercise of the autonomy of will, as well as those that, by way of example ,
are defined in said articles.

Examples

• Public Works and Supply Contract.

WAYS OF FACT

This is a legal figure of French jurisprudential origin. According to Professor Laubadére, the de
facto route arises “when in non-compliance with a material execution activity, the
administration commits a gross irregularity, which violates the right of property or public
freedom”, that is to say, it is a case in which the administration incurs an aggravated or
exaggerated illegality, either because it did not have the power to act, or because having it, it
used manifestly irregular procedures. The main consequence of an administrative action being
classified by the judge as de facto is that it is considered that we are not really dealing with an
administrative action and, consequently, the jurisdiction corresponds to the Ordinary
Jurisdiction and not to the contentious - administrative, as a kind of sanction to the
administration for its exaggeratedly irregular attitude.
They differ from Administrative Facts to the extent that not all factual avenues are presented
in the physical world, which is typical of administrative facts; these can be presented in the
legal world as well.

Examples

• Sanctioning power of an entity not competent to do so. A specific case may be when
CEDELCA (Domiciliary Public Service Company) detects an irregularity in a home and imposes a
fine without having the power to do so, since said sanctioning power is given by the Law to
certain entities.
• Via de facto or lack of right. Outside of the right of expropriation and the right of military
requisition, the administration does not have any power to seize a thing belonging to an
individual, especially the right of confiscation, and it does not have the right to impose
compulsory and free personal labor on citizens, outside the military recruitment and
neighborhood benefits. You do not have the right to keep a citizen in prison without trial by
police measure.
The administration commits a de facto act or an usurpation of power if it uses a right that it
actually possesses but without observing the procedures that are imposed on it, protecting the
interests of third parties.
• De facto route due to lack of procedure. On the other hand, to exercise the powers of the
administration, the public power is obliged to observe the consecrated procedures and if it
exercises powers that are still legal outside of any procedure or with procedures that are not
pertinent, it is as if it were acting at all without powers.