Understanding the PACAP Act. Part VI: Preliminary Title

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Let's proceed to analyze the preliminary title, what general provisions are, and their first two articles to start getting into the subject.

The procedure to analyze the articles one by one will be to copy the entire article as it is and make comments below to help us understand more deeply what is being explained.

Article 1. Object of the Law.

1. This Law aims to regulate the requirements for the validity and effectiveness of administrative acts, the administrative procedure common to all Public Administrations, including the sanctioning procedure and the procedure for claiming the responsibility of Public Administrations, as well as the principles to which the exercise of legislative initiative and regulatory authority must adhere.

2. Only by law, when it is effective, proportionate, and necessary for the achievement of the specific purposes of the procedure, and in a reasoned manner, additional or different procedures may be included than those contemplated in this Law. Regulations may establish procedural specialties related to the competent bodies, specific deadlines for the particular procedure due to the subject matter, forms of initiation and termination, publication, and reports to be obtained.

In general, this law aims to make the administrative procedure more effective. It is contemplated that in special cases, procedures could be changed or new ones included.

Article 2. Subjective Scope of Application.

1. This Law applies to the public sector, which includes:

   1. The General State Administration.

   2. The Administrations of the Autonomous Communities.

   3. The Entities that make up the Local Administration.

   4. The institutional public sector.

2. The institutional public sector is comprised of:

   1. Any public bodies and entities of public law linked or dependent on the Public Administrations.

   2. The private law entities linked or dependent on the Public Administrations, which will be subject to the provisions of this Law specifically referring to them, and in any case, when exercising administrative powers.

   3. Public Universities, which will be governed by their specific regulations and supplementarily by the provisions of this Law.

3. The General State Administration, the Administrations of the Autonomous Communities, the Entities that make up the Local Administration, as well as the public bodies and entities of public law provided for in letter a) of the previous section 2, are considered Public Administrations.

4. Public Law Corporations* shall be governed by their specific regulations in the exercise of public functions attributed to them by Law or delegated by a Public Administration, and supplementarily by this Law.

The structure and hierarchy of the public sector are described, as we have already described in the previous article on the executive power, more specifically in the section on Public Administrations. What is considered public administrations is defined, and also any entity that is considered part of the public sector. Not only are public bodies included, but also private entities linked or dependent on public administrations and also public universities. These entities are governed by the specified regulations when exercising the assigned public function.

*Public Law Corporation*: a legal entity applied to some autonomous entities that represent the interests of certain social sectors before the Public Authorities and perform public functions of sector regulation.

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