Summaries of Articles published in Spanish
| DOI | 10.1177/002085237404000112 |
| Date | 01 March 1974 |
| Author | P. Ojeda Paullada |
| Published date | 01 March 1974 |
| Subject Matter | Articles |
i
Summaries
of
Articles
published
in
Spanish
The
Legal
Framework
of
Public
Administration
P.
OJEDA
PAULLADA
The
revision
of the
above
framework
is
part
of
the
current
administrative
reform
entrusted
to
the Office
of
the
State
Counsel
General
of
the
Republic
and
to
the
Secretariat
of
the
Presidency,
with
the
assistance
of
an
Advisory
Technical
Committee
on
Legal
Rules
com-
prising
heads
of
public
service
legal
depart-
ments.
Basically,
it
is
a
reform
of
admin-
istrative
law,
which
is
itself
subordinate
to
the
Constitution,
and
a
revision
of
a
few
organic
laws
of
the
State,
to
which
reference
is
made
in
the
article
by
A.
Carrillo
Castro
summarized
further
on.
’
The
present
organization
is
governed
by
i
simple
principles.
The
President
of
the
Repu-
blic,
as
Chief
of
the
Executive,
is
the
supreme
head
of
the
federal
administration.
He
is
as-
sisted
by
the
secretaries
of
State
and
the
admin-
istrative
departments
whose
number
is
de-
termined
by
law,
as
also
by
various
other
high-
ranking
organs
and
authorities
whose
activity
is
subject
to
the
rules
of
law
and
to
presidential
orders
or
instructions.
The
secretaries
of
State
have
a
wider
political
responsibility
than
is
afforded
by
the
limited
powers
which
an
amend-
/
ment
to
Article
93
of
the
Constitution
provided
for
the
Chiefs
of
the
Administrative
Depart-
i
ments.
!
The
distribution
of
powers
proceeds
from
the
principle
of
legality,
in
that
laws
apply
to
the
macro-administrative
level
and
regula-
/
tions
to
the
micro-administrative
level.
As
i
everywhere
else,
the
organization
thus
estab-
I
lished
comprises
centralizing
and
deconcentra-
/
ting
factors.
The
forms
of
deconcentration
are
highly
varied
owing
to
the
different
acts
i
by
which
they
may
be
introduced,
which
may
be
decrees,
decisions,
or
even
contracts.
They
/
may
be
combined
with
a
functional
decentral- ;
ization
ranging
from
endowment
with
legal
personality
and
ownership
of
property
to
a
&dquo;
mere
separate
budget.
Certain
organs
are
collegiate.
For
reasons
that
are
usually
practical
and
technical,
there
is,
besides,
a
series
of
forms
of
decentralization,
either
by
service
or
by
geographical
area.
The
Act
of
1970
con-
cerning
the
control
of
such
agencies
recognizes
as
decentralized
organs
those
which
have
been
established
by
a
law
or
a
decree,
regardless
of
their
structure
and
provided
that
the
two
following
conditions
are
fulfilled :
(a)
Their
property
is
made
up,
in
whole
or
in
part,
by
federal
or
public
assets,
grants,
concessions,
or
rights
provided
by
the
State
or
by
the
yield
of
a
specific
tax,
and
j
(b)
Their
purpose
is
a
public
or
social
ser-
,
vice
in
the
.wider
sense
of
the
term,
such
as
/
the
development
of
national
resources
or
scien-
’
tific
and
technological
research.
’
The
governing
bodies
of
these
institutions
are
collegiate.
They
may
be
similar
to
the
boards
of
directors
of
private
enterprises
(as
with
the
railways),
coordinating
councils
on
which
the
various
agencies
concerned
are
re-
presented,
or
again
in
the
nature
of
joint
committees.
A
director-general,
director,
or
manager,
whose
method
of
appointment
varies
according
to
cases
and
circumstances,
is
responsible
to
each
governing
body.
There
is
a
special
system
of
State
participa-
tion.
When
the
State
holds
at
least
half
the
capital
or
the
shares
in
a
company
or
has
the
right
to
appoint
the
majority
of the
members
of
its
governing
body
and
its
chief
administra-
tive
officer,
the
legal
form
of
the
enterprise
is
the
incorporated
company.
In
certain
special
instances,
as
with
the
Bank
of
Mexico,
it
is
also
a
State
company.
Of
course,
mixed
com-
panies,
e.g.
the
telephone
company,
which
are
becoming
very
frequent,
are
also
found.
Fi-
nancial groups,
such
as
the
National
Financing
Company,
are
another
form
in
which
the
State
plays
a
significant
role,
in
each
case
through
an
enterprise
with
a
majority
State
participa-
tion.
The
legislation
also
provides
for
enterprises
with
a
minority
State
participation,
most
of
which
are
&dquo;
commercial &dquo;
companies,
at
least
’
25
per
cent
of
whose
capital
is
held
by
the
,
State.
It
should
be
noted
that
they
may,
~
in
the
same
way
as
the
companies
with
a
j
majority
participation,
assume
any
of
the
legal
j
forms
provided
for
by
law
in
the
commercial
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