LA NULIDAD EN EL PROCESO CONTENCIOSO ADMINISTRATIVO
This research addresses on the law of administrative jurisdiction of Ecuador, referring to the proposed remedies to challenge administrative decisions, establishing two categories which are: the appeal of full jurisdiction or subjective and the cancellation or objective; but the judicial reality in...
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Format: | bachelorThesis |
Jezik: | spa |
Izdano: |
2015
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Teme: | |
Online dostop: | http://dspace.unl.edu.ec/jspui/handle/123456789/10039 |
Oznake: |
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Izvleček: | This research addresses on the law of administrative jurisdiction of Ecuador, referring to the proposed remedies to challenge administrative decisions, establishing two categories which are: the appeal of full jurisdiction or subjective and the cancellation or objective; but the judicial reality in accordance with the law before mentioned, unfortunately, Ecuador, has no effective administrative procedure, mutatis mutandis for Contentious Administrative judgments, which comes against regulations, acts and decisions of the Public Administration or semi-public corporations, causing state and violate a right or direct interest of the applicant; what causes the annulment of the Contentious Administrative Trials, causing particular rights established or recognized by law are injured, which violates fundamental rights of the Constitution of the Republic of Ecuador; and managed to raise claims based on constitutional precepts, and administrative law are litigated also between individuals and the public administration, it is illegal acts that harm their rights; Thus the nullity of the Administrative Process for, it is not justified to ensure the administrative law based on resources Objective and Subjective Law. Legal research is performed within the area of administrative law, especially in relation to the laws that refer to administrative acts and facts, and guarantees, as a result the run has the power to challenge acts, deeds and contracts administration which injure their interests, operating until they are 5 revised, canceled, amended or reformed. Corresponds to ensure the Courts who must rule on the objections made, security and legal validity to be met with constitutional principles. Furthermore, I propose to show the need to change the system of administrative litigation proceedings regarding the support of the administrative claims between managed and individuals affected by decisions of legal order both acts and administrative acts that violate substantive rights people, since it is from which regulate imperatively making regarding the annulment of the Contentious Administrative Trials in Ecuador, and the fundamental Constitutional principles apply. He proposed purpose is to implement a proposed legal reform to increase legal certainty, more effective judicial Guardianship administrative claims in Ecuador. |
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