Towards a "structural" rationalization of instrumental entities

principles and rules of inexcusable compliance

Abstract

In this research we analyse the process of rationalization of the instrumental sector of public Administrations, but from the limits that have to be taken for future development. For this we set off from the standard law of creation, modification and elimination of instrumental beings, from public to private nature, where they are to gather up from their formal and substantial limits. Next we refer the introduction and purpose that must be respected by the Public Administration when it runs the power of organise the instrumental beings; to the determinant facts, the public object and the general origin that Public Administration must consider when in takes that kind of authority as an optional authority; even though the origins of good adjustment have to be the dominant element in which support the creation, modification or elimination of institutional beings.

This control sets with the complete research of the process of administrative rationalization carried through by the State, Autonomy and Local Administration to stand out the importance that itself has played for financial remaining and budget stability. To end up with, we try to reorganise the Andalusian Public Section and it affects to the Constitutional origins of equality, merits and capacity of acceeding into the Public function, analizing the jurisprudence of the Andalusian Superior Court of Justice and High Court about this subject.