The Administrative Delegation (aras and boundaries)

Abstract

Delegation, in public law and legal doctrine, constitutes a practical mechanism of administrative organization adopted by the modern State in the management of public affairs through public services and public institutions. It is not intended as a mere redistribution of powers, but rather arises out of necessity to ensure the proper functioning of public services and to enhance the quality of their delivery in accordance with their fundamental principles. It entails the existence of two administrative bodies within the same administrative sector (central–central, central–decentralized, central–local, or local–local). The first is referred to as the “delegating authority,” while the second is designated as the “delegatee.” The latter is entrusted with the exercise of specific powers that originally belong to the former, subject to legality control, given that delegation constitutes a legal act. By contrast, delegation and agency in private law are governed by general principles and by the rules applicable to the contract concluded between the parties.