Understanding the PACAP Law. Part VI: Preliminary Title

We will proceed to analyze the preliminary title, what are the general provisions and their first two articles to get into the matter.

The procedure for analyzing the articles one by one will be to copy the entire article as is and make comments below that will allow us to understand it more deeply.

Article 1. Object of the Law.

1. This Law aims to regulate the requirements for the validity and effectiveness of administrative acts, the common administrative procedure for all Public Administrations, including the punitive and responsibility claims of Public Administrations, as well as the principles to which the exercise of legislative initiative and regulatory power must be adjusted.

2. Only through law, when it is effective, proportionate, and necessary for the achievement of the specific procedure's goals, and motivated, additional or different procedures can be included. Regulatively, specialities of the procedure can be established regarding competent organs, deadlines, and forms of initiation and termination, publication, and reports to be collected.

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

Article 2. Subjective scope of application.

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

   1. The General Administration of the State.

   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 integrated by:

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

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

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

3. Public Administrations are considered to be the General Administration of the State, the Administrations of the Autonomous Communities, the entities that make up the Local Administration, as well as the public bodies and public-law entities mentioned in paragraph 2 above.

4. Public Corporations* will be governed by their specific regulations in the exercise of public functions attributed to them by Law or delegated by a Public Administration, and subsidiarily 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. It defines what is considered a public administration, and also defines any entity that is considered part of the public sector. Not only are public bodies, but also private entities that are linked or dependent on Public Administrations, as well as public universities. These entities are governed by the specific regulations at the time of exercising public functions attributed to them.

*Public Corporation: a legal figure that applies to some autonomous entities that represent the interests of certain social sectors before the Public Powers and perform public functions of ordering that sector.