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Public Administration of Spain


The Public Administration of Spain is the governmental apparatus that manages the Spanish public interests.

The Constitution of 1978 declares in article 103.1 that the Public Administration serves objectively the general interests and acts in accordance with the principles of efficiency, hierarchy, decentralization, deconcentration and coordination, with full submission to the Law.

The Law 40/2015, of October 2, about the Juridical Regime of the Public Sector, establish that are Public Administration the General State Administration, the Administrations of the Autonomous Communities, the Entities that integrate the Local Administration, as well as the public organisms and the entities of public law.

The structure of the Public Administration of Spain is composed of many Administrations, which can be divided into three groups: Territorial administrations (this are the administrations that needs territory to exist like the General State Administration), the Instrumental or Institutional Administrations (the key to exist is the personnel) and the Corporative Administrations (group of people of the same guild that sometimes they do activities of a public nature)

The Public administrations, in their task of satisfying the general interest, hold a series of exorbitant powers with respect to legal persons of a private nature. As a counterweight to such exorbitant powers, Administrations are subject to a set of limits and guarantees of the rule of law (submission to the law, judicial review, property guarantees, etc.).

The main axis of the basic regulation of the Public Administration is the Law 39/2015, of October 1, about the Common Administrative Process of the Public Administrations and Law 40/2015, of October 2, about the Juridical Regime of the Public Sector.

However, other laws that affect all the Public Administrations are Law 33/2003, about the Patrimony of the Public Administrations, Law 38/2003, about Public Subsidies, the Royal Legislative Decree 5/2015, about the Basic Statute of the Public Employee and Royal Legislative Decree 3/2011, about Public Sector Contracts.


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