Los Sumarios Administrativos y el Principio de Imparcialidad en las Resoluciones Administrativas
The Constitution of the Republic of Ecuador is the supreme law and other laws must be consistent with what this says if not have no legal effectiveness. Constitutionally it is stated that any administrative or judicial authority is to guarantee the rights of the parties, likewise our Constitution po...
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| Format: | bachelorThesis |
| Language: | spa |
| Published: |
2016
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| Subjects: | |
| Online Access: | http://dspace.unl.edu.ec/jspui/handle/123456789/17503 |
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Add Tag | Summary: | The Constitution of the Republic of Ecuador is the supreme law and other laws must be consistent with what this says if not have no legal effectiveness. Constitutionally it is stated that any administrative or judicial authority is to guarantee the rights of the parties, likewise our Constitution points out that we all have rights to be tried by impartial and independent judges. Organic Law of the Public Service states that the Administrative Summary is the administrative, oral and reasoned process by which public administration or determine not the commission, administrative faults, by public servants. An administrative inquiry was carried out with the application of the guarantees of due process. However in the Organic Law of Public Service and its rules of procedure within the Administrative Summary violate constitutional guarantees as the appointing authority or his delegate is responsible for initiating administrative proceedings and then is responsible for sanctioning. When issuing the sanction the appointing authority preferably it will take a favorable state or will be on the side of the institution thus causing the violation of the principle of fairness and the right of everyone to be tried by impartial judges as decision determined by the Constitution of the Republic of Ecuador. The Comptroller General is responsible for the implementation of the control system, control and audit of State shall take place through: Internal control, which is administrative responsibility of each State institutions; and external control comprising: to. The coming under the Comptroller General; Y, b. The other institutions exercising state control in the sphere of its powers. Why there is a need that before the resolution of the appointing authority in the administrative proceedings; a control report issued by the General Comptroller of the State, so that there is fairness in administrative proceedings and resolution, thereby protecting the rights of public servants indicted was allocated. |
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