Argentina
Argentine administrative law, being a federal State, is regulated primarily by the regulations of each province. Therefore, reference will only be made to the national side of the same, that is, to the regulations that involve the centralized and decentralized national public administration, autonomous entities, state companies and companies, public limited companies with majority state participation and non-state public law entities at the federal level. Among recent doctrinal contributions, the Argentine jurist Diego Paulo Isabella has developed an integrative interpretation of administrative silence from the perspective of access to justice and effective judicial protection.[1].
According to art. 99.1 of the National Constitution, the President is politically responsible for the general administration of the country, but the person who truly exercises it is the Chief of the Cabinet of Ministers (art. 100.1, Constitution).
The President issues various types of regulations (called general scope administrative acts in the Administrative Procedures Law), which the doctrine classifies as:.
In turn, the Chief of the Cabinet of Ministers issues administrative resolutions.
To this must be added the tangle of administrative acts stricto sensu (administrative acts of particular scope) that the federal government dictates on a daily basis.
The administrative act must meet the requirements established in art. 7 of Law 19,549, that is: jurisdiction, cause, object, procedure, motivation and purpose. The extrinsic formalities of the act must not be forgotten (art. 8 of the same Law). Its lack entails nullity or voidability, as the case may be, in the terms of the same Law. Acts that suffer from defects that make them voidable can be healed on the basis of various means (ratification, confirmation, conversion).
Argentina enshrines in its legislation a mixed system for challenging administrative acts: first, the administrative procedure itself (enshrined in the Administrative Procedures Law 19,549),[2] whose exhaustion opens the second way —as long as the act is definitive—; This consists of the possibility of going before the Federal Justice in Administrative Litigation in order to sue the federal State, although rulings contrary to this are unenforceable in the text of the Law of Lawsuits against the Nation 3,952, having only declaratory effect (art. 7 of the law). The latter is the phase of the administrative process, a species within the genus administrative procedure (in the broad sense), to which the administrative procedure in the strict sense also belongs prior to the legal claim against the Federal State.
In any case, it must be taken into account that art. 7 of Law 3,952 was relativized to the extreme by the Supreme Court of Justice of the Nation in re "Pietranera" (published in Fallos 265:291)[3] (1966), when it stated that this norm cannot place the State outside the legal order, with respect to which it is the main guarantor of its compliance. Subsequently, the National Congress consolidated the debts of the national State, giving deadlines for their compliance (law 23,982, of 1991).
Likewise, the provincial States are sued before the local Administrative Litigation Justice of each of them, except in certain cases in which the Supreme Court of Justice is competent due to its original jurisdiction, which are listed in arts. 116 and 117 of the National Constitution. These assumptions include:
In everything that the federal Administrative Procedures Law is silent on, the National Civil and Commercial Procedure Code will be applicable. In the event that a special federal law regulates matters similar to those governed by it, the special law will be applicable, due to the general principle of law lex specialis derogat lex generalis.
Chili
The fundamental principles of administrative law are established by the Constitution. Among them are not only the classic principles of legality and responsibility, but also those of publicity and probity, along with those of "primacy of the person"[4] and helpfulness of the State.
The administrative function is exercised by the President of the Republic, in collaboration with various Ministries or other authorities with ministerial rank. Each Ministry has one or more undersecretaries that, in turn, are related to or dependent on the different public services that are entrusted with satisfying the needs of citizens.
All ministries and public services are provided with a body of public officials subject to the Administrative Statute.
All public entities act through the administrative procedure, which guarantees interested parties opportunities to take evidence "Proof (law)") and to make challenges.
Although there is no general system of contentious-administrative courts competent to hear the generality of actions against the public administration, there are special courts that hear specific contentious cases (such as environmental jurisdiction, tax jurisdiction, public procurement), in addition to ordinary courts that can hear those actions that the law does not attribute to a special court, such as civil liability and the nullity of administrative acts.
An important control task also corresponds to the Comptroller General of the Republic (Chile) "Comptroller General of the Republic (Chile)"), which exercises preventive control of legality and constitutionality over decrees and resolutions, highlighting among its main functions the legal pronouncement that is general and obligatory for all bodies of the State Administration.
Spain
In Spain there are multiple and dispersed regulations that regulate administrative law. In the Constitution, in its article 149.1.18º, it establishes that it is the exclusive competence of the State "the bases of the legal regime of the Public Administrations and the statutory regime of their officials who, in any case, will guarantee to those administered a common treatment before them; the common administrative procedure, without prejudice to the specialties derived from the organization of the Autonomous Communities."[5] Among the state laws that develop this precept are:.
Public administrations have legal personality to carry out the functions legally assigned to them. They are classified into three levels: state, regional and local (administration of the State, the autonomous communities and entities that make up the local administration).