La revisión de oficio como manifestación de la autotutela de la administración pública para declarar la nulidad de un acto administrativo a petición de persona interesada: la correcta aplicación del Art. 132 del COA
This paper analyzes the power of ex officio review contemplated in the article 132 of the Administrative Organic Code -COA- to declare the nullity of an administrative act at the request of an interested person, identifying the treatment that the public administration is obligated to give to this ty...
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| Format: | article |
| Izdano: |
2023
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| Teme: | |
| Online pristup: | http://repositorio.iaen.edu.ec/handle/24000/6562 |
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Dodaj oznaku | Sažetak: | This paper analyzes the power of ex officio review contemplated in the article 132 of the Administrative Organic Code -COA- to declare the nullity of an administrative act at the request of an interested person, identifying the treatment that the public administration is obligated to give to this type of requests, fulfilling its purposes and respecting the rights of the administered. This research which belongs to the field of knowledge of Administrative Law, aims to respond to the problem, how should the public administration understand and apply the article 132 of the COA? The main objectives are to explain the scope of administrative self-protection in the exercise of the ex officio review, determining what are the obligations of the public administration when the ex officio review is requested through an administrative claim, identify the rights of those administered when an administrative claim is filed, and define the nature of administrative claims as a means of challenging administrative acts. The results show that the ex officio review has a wide scope, whose regulation allows it to become a powerful mechanism of unrestricted protection of the legal system, however, it is used at the convenience of the public administration, leading to legal uncertainty. It is concluded that, by requesting the ex officio review, a legitimate right to achieve the claim -nullity of the administrative act- is configured if the existence of nullity defects is evidenced, it is not a request that can be dealt with at the discretion of the public administration. |
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