Basic Administrative Documents 2019

Administrative documents are the result of the administrative activity carried out by the organs of the Administration in the exercise of the functions and competences entrusted to it by the rules.

They have two main functions:

• Constancy: ensure the preservation of the acts of the Administration, certify their effects and guarantee the right of access and consultation to them.
• Communication: serve as a means of communicating the actions of the Administration to the citizen and other public bodies.

They contain a statement of will from an organ of the Administration.

Two categories are distinguished:

• Agreement: sets out the decisions of an administrative body during the course of an administrative procedure and always prior to the decision of the administrative body.

• Resolution: Collects decisions of an organ of the Administration and terminates an administrative procedure.

They report the existence of acts or facts .

There are two classifications:

1.- For the relationship between the sender and the recipient of the information:

• Interns: Issuer and recipient are organs belonging to the same administrative organization.

• External: The recipient is a citizen or an organ belonging to an administrative organization other than the one in which the issuer is integrated.

2.- For its content:

• Notification: Communicates to the interested party in an administrative procedure a resolution or an agreement that affects their interests and rights.

• Publication: make known to the interested party in an administrative procedure an action of the Administration through its publication in an official journal, bulletin board or information medium.

• Communication: intended to inform citizens of facts or circumstances of an administrative procedure.

They are intended for the accreditation of acts, facts or effects.

Depending on the accreditation object, they can be Classify into three categories:

• Minutes: are documents that prove facts, circumstances, judgments or agreements. An example in the administrative activity is found in the minutes of the meetings of the collegiate bodies.

• Certificate: are documents that attest to a fact, to the content of a document or to the circumstances that appear in a file or record.

• Certificates produced by administrative silence: are documents issued by an administrative body competent to issue an express act in an administrative proceeding and attesting to the existence and effects of an administrative act produced by administrative silence.

Its purpose is to provide administrative bodies with advice, data, assessments and opinions necessary for decision-making.

Trial documents are generally referred to as “reports.”

There are different classifications according to the criteria used:

1.- For the obligation to request them:

• Reports prescriptive: it is mandatory to request them because this is required by a rule.

• Reports optional: it is not mandatory to request them.

2.- By the link with its content:

• binding reports: oblige the administrative body to decide taking into account the content of the report.

• Reports non-binding: do not oblige the administrative body to resolve taking into account the content of the report.

3.- By the organ that emits them:

• Internal reports : are those issued by the same Administration of which the body that requests them is part.

• Reports external: are those issued by an Administration other than that of the organ requesting them.