Post by account_disabled on Feb 19, 2024 22:40:15 GMT -6
Regarding adaptation to the intended purpose , art. 103 CE tells us that the Administration serves (must serve) objectively the general interests , with full submission to the law and the right. As Professor Alejandro Nieto (1991) said, the Constitution puts Public Administrations at the service of the general interest, not at the service of the political interest of the Government in power or of bureaucratic or corporate interests.
Regarding general interest, Ponce Solé (2023) explains to us that “the historical debate on general interests with respect to private interests has to be resolved today in favor of immanence: general interests are rooted in society, according to the constitutional definition that is made of the State, by characterizing it as democratic (art. 1.1 CE), advocating political pluralism as a superior value, in which national sovereignty resides in the people, from which all the powers of the State emanate (art. 1.2 CE). The State is nothing other than the institutionalization of the society or Fax Lists political community, of the people, of the people. That is why the Preamble of the Constitution points out the desire of the Spanish Nation to establish 'justice, freedom and security and promote the good of all its members'. Consequently, the service to the general interests by the Public Administration must be carried out in accordance with the criterion of 'effective service to citizens' (art. 3.1 of Law 40/2015, of October 1, on the Legal Regime of the Sector Public)…This modern conception of general interests as immanent from private interests means, in short, placing the human being at the center of Public Law , and considering citizens subjects rather than passive objects in the determination of these…”.
And as Professor Marcos Vaquer Caballería (2017) said, “For the Spanish constituent, in short, the person constitutes the basis or axiological foundation of the entire State (art. 10. 1)… The contrast between general and particular interest is an idea more typical of the Liberal State of Law than of the social State of law, in which the State and civil society interpenetrate and interact and collaboration abounds at the service of both types of interests.
This idea of the citizen as the center of the system, derived from the ownership of national sovereignty, prior to the Institutions that emanate from it (art. 1.2 CE) was included in the Preamble of the LOFAGE of 1997 where it said that “the State model social and democratic Law referred to in the Spanish Constitution has a singular significance on the public Administration system in general and, therefore, on the General Administration of the State in particular. Firstly, because article 103 of our Magna Carta enshrines not only the principle of legality of administrative action, but also its instrumental nature at the service of general interests . For their part, general interests, according to the doctrine of the Constitutional Court, must be defined through combined action with social institutions and taking into account the legitimate rights and interests of citizens in accordance with the constitutional principle of participation. ....For this reason, the General Administration of the State, through its different modes of action, must keep in mind that service to citizens is the basic principle that justifies its existence and that must govern its entire activity.
Regarding general interest, Ponce Solé (2023) explains to us that “the historical debate on general interests with respect to private interests has to be resolved today in favor of immanence: general interests are rooted in society, according to the constitutional definition that is made of the State, by characterizing it as democratic (art. 1.1 CE), advocating political pluralism as a superior value, in which national sovereignty resides in the people, from which all the powers of the State emanate (art. 1.2 CE). The State is nothing other than the institutionalization of the society or Fax Lists political community, of the people, of the people. That is why the Preamble of the Constitution points out the desire of the Spanish Nation to establish 'justice, freedom and security and promote the good of all its members'. Consequently, the service to the general interests by the Public Administration must be carried out in accordance with the criterion of 'effective service to citizens' (art. 3.1 of Law 40/2015, of October 1, on the Legal Regime of the Sector Public)…This modern conception of general interests as immanent from private interests means, in short, placing the human being at the center of Public Law , and considering citizens subjects rather than passive objects in the determination of these…”.
And as Professor Marcos Vaquer Caballería (2017) said, “For the Spanish constituent, in short, the person constitutes the basis or axiological foundation of the entire State (art. 10. 1)… The contrast between general and particular interest is an idea more typical of the Liberal State of Law than of the social State of law, in which the State and civil society interpenetrate and interact and collaboration abounds at the service of both types of interests.
This idea of the citizen as the center of the system, derived from the ownership of national sovereignty, prior to the Institutions that emanate from it (art. 1.2 CE) was included in the Preamble of the LOFAGE of 1997 where it said that “the State model social and democratic Law referred to in the Spanish Constitution has a singular significance on the public Administration system in general and, therefore, on the General Administration of the State in particular. Firstly, because article 103 of our Magna Carta enshrines not only the principle of legality of administrative action, but also its instrumental nature at the service of general interests . For their part, general interests, according to the doctrine of the Constitutional Court, must be defined through combined action with social institutions and taking into account the legitimate rights and interests of citizens in accordance with the constitutional principle of participation. ....For this reason, the General Administration of the State, through its different modes of action, must keep in mind that service to citizens is the basic principle that justifies its existence and that must govern its entire activity.