Reforma al estatuto del régimen jurídico administrativo de la función ejecutiva para suprimir la figura del recurso de reposición como medio de impugnación de actos administrativos

Administrative acts in accordance with the Constitution of the Republic, the Statute of Administrative Legal Regime of the Executive Function and legal doctrine are fully contested through administrative law recognized by our resources, and prevented or limited this right it is flagrantly ignoring an important procedural principle of universal character such as the principle of challenge; That is, to the alleged infringement of the rights of individuals and managed by the effect of an administrative decision, the recourse of an administrative nature should be known is feasible and conducted under foreseen by the Statute of the Administrative Legal Regime of the Executive Function (ERJAFE); therefore there is an administrative proceeding or litigation in administrative proceedings, where the managed or person affected by this resolution have the opportunity to try to review the administrative decision handed down. The power of the interested party to challenge an act in administrative proceedings when it has been detrimental to their interests, allows you the opportunity to assert their rights through these resources without the need to activate the judicial system through applications to the Tribunal administrative; so it is theoretically appropriate way to resolve disputes between private and public administration without the need to overload the judicial system; However the legal problem arises when the appeal for reinstatement, it is declared inadmissible and easily discarded by public authorities that are administrative acts, in most cases without further justification or legal basis, without accepting exculpatory evidence or other justifications of compliance with obligations administered by omitting inherent fundamental rights to due process and failed to observe terms to dispatch; With this background and given the serious consequences for the administered individual rights, before the escape of a legally recognized but unenforceable administrative procedure, it is necessary to review the ERJAFE, and propose the repeal of the appeal by the same non-existent recognition and devaluation as a means procedural challenge.

• Autor principal: Solano Padilla, Irene Yadira (author)
• Formato: bachelorThesis
• Lenguaje: spa
• Publicado: 2015
• Materias: TÍTULO ABOGADA; REFORMA ESTATUTO; RÉGIMEN JURÍDICO
• Acceso en línea: http://dspace.unl.edu.ec/jspui/handle/123456789/13422