Administrative Procedures and Acts
1. Revoking an Administrative Act
An administrative act lacking jurisdiction and violating the principle of objectivity can be revoked by the administrative office due to defects as outlined in Article 10 of Law N° 27444.
2. Appealing Interlocutory Acts
While interlocutory administrative acts don’t typically warrant appeals as they don’t address the merits of a case, an appeal is justifiable if the act creates a state of helplessness for the affected parties, contradicting legal principles.
3. Annulment of Resolutions
The annulment of a resolution declaring a complaint founded can be requested. This is because such a resolution is considered an interlocutory administrative act, subject to revocation under Article 10 of Law N° 27444.
4. Unilateral Legal Declarations and New Evidence
A unilateral legal declaration ruling on the merits can trigger a first-instance administrative procedure if new evidence emerges, potentially leading the authority to reconsider its initial decision. This can be achieved through an appeal for reconsideration.
5. Cessation of Administrative Act Effects
- Time-bound Act: Expiration of the specified time period.
- Repealed Act: Revocation by a competent authority.
- Invalid Act: Declaration of nullity due to a fatal flaw.
- Judicial Judgement: Court ruling through actions like Amparo or ACA.
6. Characteristics of Administrative Acts
- Unilateral: Issued by a single authority after the completion of an administrative procedure.
- Presumption of Legality: Assumed valid and legally sound unless proven otherwise.
- Enforceability: The administration has the power to implement its decisions.
- Non-Assignable: Effects are personal and cannot be transferred to others.
7. Grounds for Administrative Complaints
- Processing Delays
- Functional Misconduct
- Procedural Defects
8. Evidence Management
Evidence management involves documenting facts presented by administrators to ensure the authority can objectively demonstrate the truth of asserted material aspects. This establishes a legal and administrative basis for a sound legal decision.
9. Resolutions and Authority
A resolution is a statement of authority.
10. Complaint Procedure Example
Upon receiving a complaint, the competent authority initiates a process of fact-finding and evidence examination to determine if the alleged acts constitute violations.
11. Administrative Complaint vs. Denouncement
An administrative complaint addresses procedural anomalies within an administrative process. An administrative denouncement reports an administrative offense committed by a public servant, seeking justice and sanctions through disciplinary proceedings.
12. Powers of Administrative Jurisdiction
- Promotion: Advancement of administrative processes.
- Knowledge: Jurisdiction to hear and decide cases.
- Instruction: Gathering and examining evidence.
13. Managed Interest
Managed interest is the motivation behind initiating legal proceedings, often related to economic or moral issues. It must be personal, current, and proven.
14. Principles of Administrative Procedure
- Legality
- Material Truth
- Informality
- Due Process
15. Access to Public Information
Requests for documents, even under transparency laws, can be denied if the document is classified or its release could compromise ongoing proceedings.
16. Draft Resolution Example
A resolution typically includes sections for File Number, Subject, Origin, Date, Vista, Whereas (findings of fact and law), and Resolved (decision).
17. Definition of Administrative Act
An administrative act is a declaration from a competent authority, either interlocutory or definitive.
18. Interlocutory vs. Definitive Resolutions
Interlocutory resolutions address procedural matters within a process and are subject to revocation. Definitive resolutions decide the merits of a case and are subject to annulment and appeal.
19. Administrative File
The administrative file documents the procedure’s progress, adhering to principles of unity, speed, and concentration, while allowing flexibility for evidence gathering and examination.
20. Administrative Appeals
- Appeal: Challenges an administrative decision within 15 days, requiring legal representation and detailed grounds.
- Reconsideration: Optional request to the same authority based on new evidence.
- Appeal to Superior: Mandatory appeal to a higher authority based on new evidence interpretation or legal questions.
- Revision: Exceptional appeal to the highest authority when the issuing entity has nationwide jurisdiction.
21. Validity of Administrative Act
An administrative act is presumed valid until declared invalid, requiring legitimacy, legality, and proper procedure.
22. Invalidity of Administrative Act
Invalidity occurs due to insurmountable flaws, declared either by a higher administrative authority (in office) or a judicial authority (out of office).
23. Types of Nullity
- Partial
- Total
24. Administrative Complaint (Remedy)
An administrative complaint addresses deviations within a procedure, aiming to correct the defect and channel the process forward or initiate disciplinary action.
25. Ways to End Administrative Proceedings
- Normal: Express resolution within legal timeframe.
- Abnormal: Withdrawal, abandonment, administrative silence, or extrajudicial settlement.
26. Powers of Administrative Jurisdiction (Detailed)
- Knowledge: Jurisdiction to hear the case.
- Summons: Calling parties to appear.
- Restriction: Compelling or limiting rights/obligations.
- Declaration: Issuing decisions on administrative acts.
- Execution: Enforcing decisions.
27. Administrative Competence
The authority of an administrative body to conduct proceedings and rule on the merits.
28. Parts of a Resolution
- Exhibition: Initial section with identifying information.
- Considered (Whereas): Findings of fact and law.
- Resolved: Decision of the authority.
29. Validity Conditions (Law 27444, Article 3)
An act is presumed valid until proven otherwise, requiring competence, a valid object, public purpose, motivation, and regular procedure.