Ineficacia del recurso de reposición como medio de impugnación de resoluciones administrativas dictadas por autoridades públicas
The Constitution of the Republic in its Article 173 makes it absolutely clear the causes or legal avenues to challenge administrative acts issued by the authorities of public institutions, thus the rule states that: "The administrative acts of any authority State may be contested , both adminis...
Kaydedildi:
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| Materyal Türü: | bachelorThesis |
| Dil: | spa |
| Baskı/Yayın Bilgisi: |
2015
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| Konular: | |
| Online Erişim: | http://dspace.unl.edu.ec/jspui/handle/123456789/8527 |
| Etiketler: |
Etiketle
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Etiketle | Özet: | The Constitution of the Republic in its Article 173 makes it absolutely clear the causes or legal avenues to challenge administrative acts issued by the authorities of public institutions, thus the rule states that: "The administrative acts of any authority State may be contested , both administratively and before the corresponding organs of the judiciary." That is, before the alleged infringement of the rights of the individual and managed as a result of an administrative decision, is likely to be sought of administrative measures that should be known and substantiated as foreseen by the Statute of the Administrative Legal System 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 has the opportunity to try to review the administrative decision rendered. This procedure is substance in administrative proceedings or within the same institution where he was issued the act, being that the allowed resources as established in the regulatory body is the reference application for reconsideration, appeal and special review. The importance of this administrative procedure lies in the opportunity it has managed to enforce their rights through these resources without the need to activate the judicial system through claims before the court of administrative litigation; making it theoretically appropriate way to resolve disputes between individuals and the public administration without the need to overload the judicial system; But conflict arises when these resources and particularly the replacement , is impermissible and easily disposed by public authorities intervening administrative acts, in most cases without further justification or legal basis, without accepting exculpatory evidence or other justifications for the fulfillment of obligations of managed omitting fundamental rights of due process failed to observe terms to dispatch; This clearly violates the individual rights managed not only because the resource that stands not addressed in law, with the consequent cost of sponsoring lawyer, but is also forced to litigate in court with procedural expense this causes even for the state; mistrust of individuals in administrative proceedings before the ineffectiveness of their effects people, is necessary to investigate the way in which these mechanisms are handled, the formality with which they are attended and especially the quality of decisions of public administration in purpose of generating alternative regulations that give the real value that deserves the administrative procedure to challenge in Ecuador |
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