ADMINISTRATIVE PUBLICATIONS AND INSTRUCTIONS: WHAT IMPACT DO THEY HAVE ON THE LEGAL STATUS OF INDIVIDUALS?
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Abstract
It is well known that the administrative duties assigned to the hierarchical head of the administration include the power to determine and, in general, the conduct to be followed by his subordinates in the performance of a public service. These measures are known as circulars, directives or administrative instructions. These latter documents are merely guidelines and administrative instructions issued by the hierarchical administrative authority, such as a minister, governor or director of a public institution of an administrative nature, in order to clarify the application of existing legal texts and to standardise their implementation.
Based on this definition, administrative publications and instructions are considered as administrative acts that do not reach the level of regulation; therefore, they have no legal value and do not occupy a position in the hierarchy of legal rules. Consequently, they have no effect on legal status.
Sometimes, however, the administrative authority oversteps the legally permissible boundaries when issuing circulars and issues a circular that functions as a regulation and affects the legal status of individuals, contrary to what the law stipulates.
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