LA POTESTAD DE DICTAR ACTOS ADMINISTRATIVOS COMO INTROMISIÓN EN LA LIBERTAD

Authors

  • RAÚL BOCANEGRA SIERRA y JAVIER GARCÍA

Keywords:

unilateral and binding decision —Verwaltungsakt, Rechtsstaat, administrative powers, liberty, Eingriff, Gesetzesvorbehalt, principle of proporcionality, principle of certainty.

Abstract

This essay deals with the power of the administration to adopt unilateral and binding decisions, as one type of possible actions that the law forsees. This power differs from the other powers of the administration, in that, inasmuch as the unilateral and binding decisions of the administration, also capable of becoming res iudicatae —and of compelling the citizen to react in order to avoid their effects— are not an inherent power of the administration, they represent a real invasion —Eingriff— of individual liberty. These powers must be granted by a statute made by the legislative branch and are therefore subject to the demands of the principles of proportionality and legal certainty. Specific examples are discussed.

Published

2008-04-09

Issue

Section

STUDIES