PURPOSES OF PUBLIC ADMINISTRATION

IMPROVEMENT OF GOVERNMENT ADMINISTRATIVE PRACTICES:

The Administrative Procedure is the formal channel of the series of acts in which the administrative action is specified to achieve a
goal. The essential purpose of the procedure is the issuance of an administrative act .
Unlike private activity, public action requires following formal channels, more or less strict, which constitute the guarantee of citizens
in the double sense that the action is in accordance with the legal system and that it can be known and supervised. by the citizens.
The administrative procedure is configured as a guarantee that the citizen has that the Administration is not going to act in an arbitrary
and discretionary manner, but rather following the guidelines of the administrative procedure, a procedure that, on the other hand, the
administrator may be aware of and which therefore is not to generate helplessness.
The Administrative Procedure is basically regulated by the specific laws in each country within administrative law . In Spain, the Law
on the Legal Regime of Public Administrations and the Common Administrative Procedure of Law 30/1992 of November 26 ( [1]
LRJPAC), modified by Law 4/1999, of January 13, does so.
In addition, states have other laws of legal regime and jurisdictional scope that to a large extent regulate the matter as well.
Finally, in many cases, in addition to the common procedure, there are others with special characteristics for which the legislation
establishes specific rules.
General principles of administrative procedure
It includes the bases and criteria for the correct execution of the procedure.
Principle of unity
The procedure is a single process that has a beginning and an end. All procedures must be resolved regardless of the manner of
initiation and must also be notified.
Principle of Contradiction
The resolution of the procedure is based on the facts and the legal foundations; this is achieved through verification of the facts,
through evidence. In general, facts can be proven by any legally admissible means.
Principle of impartiality
The administration will be impartial in its actions, without submitting to favoritism or enmity.
Abstention officials will abstain and will notify their superior in the following cases:
For having a personal interest in the matter
By being related up to the 4th degree of consanguinity and the 2nd degree of affinity
For having manifest friendship or enmity
For being a witness to the procedure
Failure to abstain does not invalidate the act but creates responsibility for the official.
Recusal The interested party may request recusal at any time during the procedure, stating the reasons in writing, the documents
presented will be verified and the superior will admit it or not, this decision cannot be appealed.
Officiality principle
The procedure must be promoted ex officio in all its procedures. The administration has the obligation and responsibility to direct the
procedure, ordering that all necessary steps be taken to issue the resolution. It is the responsibility of the heads of the body and the
personnel under their charge to process the procedure.
The interested
The concept of interested party is indicated in the relevant regulations in each specific state.
1. Those interested in the administrative procedure are those who promote it as holders of rights or legitimate interests.
Legitimate interests can be individual or collective
Anyone who, without having initiated the procedure, has rights that may be affected by the decision adopted therein is also
interested.
They are also those whose legitimate interests (individual or collective) may be affected by the resolution and are involved in
the procedure until a final resolution has been issued.
2. Associations and organizations representing economic and social interests will be holders of legitimate collective interests in
the terms recognized by the Law.
3. When the status of interested party derives from some transferable legal relationship, the successor in title will succeed in
such status, regardless of the status of the procedure.
Phases of the Procedure
Initiation
a) Ex officio by agreement of the competent body, on its own initiative, by superior order, at the reasoned request of other
bodies or by complaint.
b) At the request of a party.
Rectification and improvement of the application
If the initiation request does not meet the aforementioned requirements and those required, where appropriate, by the specific
applicable legislation, the interested party will be required to, within a specified period, remedy the lack or accompany the mandatory
documents, indicating that If you do not do so, your request will be considered withdrawn after a resolution that must be issued in the
terms provided in the applicable standard.
Provisional measures
The rules of procedure establish that, once the procedure has begun, the administrative body competent to resolve it may adopt, ex
officio or at the request of a party, the provisional measures it deems appropriate to ensure the effectiveness of the resolution that may
be issued, if there are elements of judgment. enough for it
Ordination
The organization is made up of all the actions that must pre-order the development of the procedure until its completion, to allow the
effective performance of the investigative acts.
The principle that governs this phase is that of ex officio impulse, according to which it is not necessary for the administrator to
request the development of the process, given the general interest that animates the administrative procedure.
Instruction
The instruction is the set of acts through which the necessary elements of judgment are provided to the decision-making body to issue
a resolution, being promoted ex officio without diminishing the right of the interested party to propose what suits his interests, with
the possibility of presenting allegations. the parties, propose the taking of evidence, with the corresponding mandatory and optional
reports.
Termination
There are cases in which the resolution consists of the declaration of the circumstances that occur in each case, with an indication of
the events that occurred and the applicable regulations. This occurs in cases of prescription, waiver of the right, expiration of the
procedure or withdrawal of the request, as well as sudden disappearance of the object of the procedure.
Exceptions from the obligation to resolve are cases of termination of the procedure by pact or agreement, as well as procedures related
to the exercise of rights subject only to the duty of prior communication to the Administration.
a) Normal. The normal way to terminate the procedure is through a resolution that will decide on all the issues raised by the
interested party and others derived from the file itself. The decision will be motivated in cases where appropriate.
b) Abnormal. Withdrawal, resignation and expiration or abandonment are abnormal forms of termination that can only occur in
procedures initiated at the request of individuals.
 Withdrawal . The interested party may withdraw his or her request as long as it is not prohibited by the legal system.
However, the Administration may limit the withdrawal if the issue raised in the procedure is of general interest or it is
convenient to address it. Withdrawal does not prevent the interested party from continuing to retain the rights that protect
him, which he may assert, if he wishes, in another procedure.
 Resignation . It is the same as withdrawal, although the interested party who resigns loses the rights that protect him.
 Expiration . Which consists of the suspension of the procedure for reasons attributable to the interested party once the
Administration has warned him of the same if he does not carry out substantial and necessary actions and three months have
passed since the communication.
 Administrative silence . It occurs in those situations in which the Administration has not expressly resolved and the Law
makes the presumption that it has done so.
c) By convention. Public Administrations may enter into agreements with persons governed by public or private law as long as
they are not contrary to the legal system or deal with matters where the transaction is not possible.
The execution
Legal norms usually establish the presumption of validity of all administrative acts and, consequently, produce full legal effects. This
is called "execution" of the administrative act. The enforceability of the administrative act is of interest for all purposes, but especially
when the interested parties obliged to comply with it do not do so.
Means of forced execution
The legislation establishes that the acts of the Public Administrations subject to administrative law are immediately executive. To this
end, the Laws establish different means of forced execution when individuals do not voluntarily comply with what is established in
the administrative act.
a) Pressure on Heritage. It is the procedure for collecting from the Administration the liquid amounts owed to it and that have
not been paid voluntarily. This is a situation that applies especially, although not exclusively, in tax matters. It requires the
issuance of the overdraft certificate, the seizure of the debtor's assets and their public auction.
b) Subsidiary execution. It is the performance by the Administration, or through people determined by it, of acts that impose
obligations to do and that are not very personal, in the event of non-compliance by the obligated subject. This procedure is
specifically provided for the reestablishment of urban planning legality, with the execution of a work by the Administration
or a contracted company. The costs are borne by the obligor, and the obligation on the assets may be followed for this
purpose.
c) coercive fine. Which is the imposition of fines repeated over time to force compliance with what is ordered. This imposition
of fines is reserved for very personal acts in which direct compulsion is not possible, or is not convenient, or whose
execution the obligor could entrust to a third party. The fines are compatible with administrative sanctions.
d) Compulsion on people. It is in cases where the physical performance of an act is forced. Since it borders on constitutional
rights, the Law requires that they be respected and that compulsion be authorized by Law. The obligation must be very
personal to do or not to do.
Emphasis is placed as part of the induction and development process, aimed at establishing a philosophy and culture of quality
management for the improvement and adequate use of human resources and as a basic strategy to meet the institutional object and
purposes. Perhaps by promoting and developing different activities we will achieve irreversible improvement, such as these:
 Projects:
 University information and statistics system.
 Dissemination and feedback of results.
 Publish quarterly the behavior of the main quality indicators on institutional development.
 Strategies
 Design with opportunity a comprehensive, highly reliable information and statistics system.
 Analyze and truthfully disseminate the quantitative and qualitative results of the institutional performance evaluation
processes.
 Concentrate and process general information about university activities, for its systematic and periodic dissemination in the
media.
SYSTEMATIZATION OF PUBLIC ADMINISTRATION PROCEDURES:
The problem of public audit comes from its genesis. A teaching of auditing, in accounting schools and faculties, reduced to the private
sphere, without a curricular program that covers knowledge of the history of public administration, its relationship with society and
the responsibility of citizens, the methods scientists, and the absence of workshops that allow students to approach the task of
auditing. Public audit is defined as an activity carried out by auditors of financial statements, budgets, plans, programs and other
information related to the departments and entities of the Public Administration; However, the definition goes around, it is

Public Administration is a function of the State in which it delegates to its governing bodies the management and control of the goods,
resources and services it provides to the governed.

This is based primarily on aspects of the common visa such as transportation, finance, governance, economy, public security,
administration of justice among many other activities, which represent the purposes of the AP, which conclude in the social and
common well-being.

I reviewed the Book of Public Administration Theory by Rafael Martinez Morales, from Oxford, to expand on these comments.

DEFINITION OF PUBLIC ADMINISTRATION:

The set of Administrative Bodies that develop an activity to achieve a goal (General Welfare), through Public Services (which is the
means available to the Public Administration to achieve General well-being), regulated in its structure and operation. , normally by
Administrative Law.
ELEMENTS OF PUBLIC ADMINISTRATION:
The most important elements of the given definition can be summarized and explained as follows:
1. The Administrative Body;
2. The Activity that the Administration carries out;
3. The purpose intended by the State through the administration; and,
4. The means that the Public Administration has to achieve its purposes.
ADMINISTRATIVE BODY:
They are all those bodies that belong to the public administration and that are the means or conduit through
through which the personality of the State is manifested.
ADMINISTRATIVE ACTIVITY:
This activity is developed through the provision of public services, to which the public administration is obliged to achieve its
purpose.
PURPOSE:
The purpose is "the common good" or "general well-being" of the entire population in general, an element not only doctrinal but also
Constitutional, expressed within article 1. which establishes that the State is organized to protect the person and the family, and its
supreme goal is the Common Good.
THE MIDDLE:
The means that public administration uses to achieve general well-being or the common good is the Public Service.