Key Concepts and Procedures in Mexican Administrative Law
True or False
1. A fine is a direct execution that replaces the individual in compliance with an obligation. TRUE
2. An administrative act’s revocation and termination are necessary only when required by private interests. FALSE
3. According to theory, an administrative act has only two effects: for individuals and for public administration. TRUE
4. The defendant in an administrative contentious trial has forty-five days following the effective date of the notice of demand to respond. TRUE
Key Definitions
Administrative Justice: The procedure followed before a court within the executive or judicial branch to solve disputes between private parties and public administration.
Administrative Appeal: Action under the Act for individuals to challenge decisions, sometimes to the issuing authority or another entity.
Administrative Violations: Transgressions or violations of administrative rules that warrant a penalty.
Administration Procedure: The set of formalities and acts that determine the conditions for a valid administrative act.
Cancelled: The legal effect produced by the omission or deficiency in certain elements and conditions of validity of the act.
Of Office: Article 18 of the LUPA notes that administrative actions and proceedings are carried out ex officio.
10 Days: Article 32 of the LFPA notes that in the absence of legal limits or deadlines, requirements like notifications should not exceed 10 days.
3 Consecutive Days: Article 37 provides that notification by advertisements in the official gazette shall be for 3 consecutive days.
10 Days: Article 39 of the LFPA indicates that notification of a decision or administrative act must occur within 10 days of issuance.
Confessional of Authorities: Article 50 of the LFPA provides that all kinds of evidence are admissible in administrative procedures, including statements from authorities.
Revocation: A form of completion or termination of an administrative act, a unilateral act of the authority revoking a valid instrument on public interest grounds.
Contentious Administrative Trial: A process in a specialized tribunal (e.g., federal court, administrative litigation court) to resolve disputes between public administration and individuals whose rights are affected.
Amparo Trial: An individual can bring an amparo trial if the federal court’s ruling is adverse.
Allegations: Spoken or written arguments by parties or their advocates to demonstrate the effectiveness of evidence.
Closing of Instruction: The time after the allegations period when the case is ready for resolution.
Exercises
1. Personal Notification in Administrative Proceedings (Art. 36)
R: Personal notifications will be made at the person’s address or the last indicated address. The notifier shall ascertain the address, deliver copies of the act, and record the date, time, name, and signature of the person who receives the notification. Refusal shall be recorded in the minutes without affecting validity.
2. Representation of a Legal Entity to the Administrative Authority (Art. 19)
R: Representation shall be established by public instrument, or for individuals, by proxy signed before two witnesses and ratified. The representative may authorize others in writing to receive notifications, handle paperwork, and attend hearings.
3. Methods of Service (Art. 35)
R: Notices, subpoenas, summons, requests for documents, and final decisions may be served:
I. Personally at the person’s address.
II. By note delivered by messenger, certified mail, fax, electronic media, or any other means expressly accepted and reliably received.
III. By edict, when the address is unknown, unreported, or the person is abroad without a legal representative.
Other acts may be notified by mail, courier, telegram, or written request via fax, electronic media, or similar means. Final decisions shall be notified by mail or courier with return receipt requested, provided the applicants have attached proof of payment for the service.
Q&A
1. Parties Involved in the Process Before the Federal Court of Fiscal and Administrative Justice
R: The plaintiff, the defendant, the head of the agency on which the defendant depends, and any third party with an inconsistent interest.
2. How Can an Authority Resolve a Resource?
R:
- Reject as inadmissible.
- Adjudicate on them.
- Confirm the contested measure.
- Declare the nonexistence, nullity, or cancellation of the contested measure.
- Revoke the administrative act in whole or in part.
- Modify or order the amendment of the measure or issue a new one in favor of the appellant.
Additional Key Terms
Administrative Act: The unilateral expression of a competent administrative body’s will to create, recognize, modify, transmit, declare, or extinguish rights or obligations.
Administrative Offense: A breach or violation of administrative rules deserving a penalty.
Administrative-Contentious Trial: A process before a special court to resolve disputes between individuals and public administration.
State: The joint organs of government of a sovereign territory.
Competition: The set of powers conferred on an administrative body or official by a legal system.
Delegation of Authority: The legal act by which an administrative body transfers part of its powers to a lower-level body.
Call Back: The action by which a superior body exercises powers delegated to a lower body.