Drafting and review of administrative acts
Drafting administrative acts involves transposing a measure into a document that respects the powers of the issuing authority, the adoption procedure and the applicable rules. The legal basis, the statement of reasons and the wording of the provisions influence the lawfulness of the act and the way in which it can be implemented.
The services include drafting, analysing and revising draft local council decisions, draft orders and other administrative acts, as well as the regulations and procedures necessary for the activity of public authorities and institutions. The advice may include legal opinions and proposals for amending documents in preparation.
The legal review concerns the competence of the authority, the existence and relevance of the legal basis, consistency with higher-ranking legislation and compliance with the formal requirements. Where applicable, the substantiating documents, the endorsements, the requirements of decision-making transparency and the formalities of communication or publication are analysed.
In the case of administrative regulations and procedures, the analysis seeks to delimit duties, establish the work stages and align the obligations provided for with the relevant legislation. Unclear or contradictory wording is revised so that the document can be applied consistently.
For companies and other legal entities, the service may concern the examination of an administrative act already issued, before a decision is taken on complying with it or challenging it. The obligations imposed, the effects on the activity or assets and any lawfulness issues are assessed, and the conclusions may be presented in a legal opinion.
Analysis carried out at the draft stage makes it possible to correct the document before it is adopted. For acts already issued, the assessment provides a basis for determining the legal course of action and the measures needed in relation to the effects produced.
Frequently asked questions
What does reviewing a draft local council decision involve?
The subject matter of the measure, the powers of the local council, the legal bases, the substantiating documents and the adoption procedure are examined. The analysis may lead to observations on the draft and to proposals for rewording or supplementing it.
Can the regulations of a public institution also be analysed?
Yes. The review concerns the proposed rules, the powers and responsibilities established, as well as their consistency with the legislation and the acts governing the organisation of the institution.
What documents are needed for a legal opinion on an administrative act?
The draft or the act issued, its annexes, the substantiating documents and the relevant correspondence are useful. For an act already communicated, proof of communication must also be provided, if it is relevant to the steps envisaged.
Does the analysis of an administrative act also involve challenging it?
Not automatically. The analysis establishes the content of the obligations and any lawfulness issues. Filing a prior complaint or a court action is a separate step, decided according to the conclusions and the client's objective.
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