The relevance of the particular will in the procedure of the administrative act

Abstract

There is a great deal of talk about the democratization of the administrative procedure, in order to allow a less authoritarian and more inclusive Administration of the individual, as reiterated several times in DecreeLaw 4/2015 of 7 January, which approved the new administrative procedure. However, how relevant can the private individual be in the procedure of the administrative act, which is the expression of the will of the Administration par excellence? It is on this issue and the aspects related to it that the present writing unfolds. In order to answer it, we analyse the Constitution of the Portuguese Republic and the Code of Administrative Procedure, in order to assess the relevance of the individual’s will in the procedure of the administrative act in light of the normative characteristics provided by such legal diplomas.