Organization of Administrative Procedure and Related Acts
The Organization of Administrative Procedure
Shortening the Administrative Procedure
a) Obligation Deadlines
Art. 47 provides that the deadlines set by the rules require both the authorities and interested staff serving in the AP responsible for processing matters. The failure of these involves different effects if it does depend on the AP or the particular.
b) The Calculation of Deadlines
Law 30/1992 establishes different rules depending on whether the time limits are in days, months, or years.
– Determination of the Initial Day (dies a quo):
Whether they are expressed in days, months, or years, it starts from the day following the later of notification or publication of the act in question, or the next day to that which occurs in the estimation or rejection by administrative silence. (48.2 and 4)
– Counting the Term:
If the deadlines are marked in days, distinguish between natural and working days.
3 Modification of Terms
- Extension of Time: At the request of the AP or interested party when circumstances advise and do not harm the interests of others. The extension agreement must be motivated (54.1 e) and notified to interested parties (49.1).
- Handling of Emergency (50.1): Allows volumes on the AP applied to the processing procedure of urgency, involving the halving of the deadlines set by the ordinary procedure, except those relating to the submission of application and resources.
Acts Regulating the Procedure
The organization of acts regulating the procedure is the activity that aims to target the various procedural steps for the proper development of the procedure. (Generally, proceedings pending).
Two events mark the beginning of planning:
- a) The principle of speed. Ex 75.1 and 73:
- b) The principle of equality. Ex: 74.2:
Precautionary Measures
a) Concept: Powers of the AP agreed interim measures it deems appropriate to ensure the effectiveness of the resolution which may fall if there are sufficient facts for this. They are preventive or precautionary measures that are intended to prevent the resolution from being adopted too late because the object has been lost.
b) Limit: You may issue interim measures that could cause prejudice to either impossible or difficult to repair stakeholders or involving the violation of rights protected by Lleis.
c) Type of Interim Measures:
- MP before the onset of the procedure or subsequent interim.
- MP contemporary top of the PA.
Acts of Instruction
a) Concept
Acts of instruction are the acts necessary for the determination, knowledge, and updated data which has been under the rule of the resolution.
- The minutes of instruction must be made by trade (78.1)
- The polls and opinion polls to join a PA must meet the guarantees legally established for these techniques’ as well as information identification procedure followed by the technique of obtaining results.
Recognition of the Allegations
- Concerns the right of defenders to make legal-factual data and provide documents or other facts. (35.ei 79.1)
- The allegations may be made at any stage of the PA before the hearing process.
- The allegations and documents that provide the party must be taken into account when drafting the proposal for resolution.
- Article 79.2 states that stakeholders at all times be alleged procedural defects and, in particular, those that involve paralysis, previously identified violation of deadlines, or omission of procedures that can be corrected before the final resolution of the issue.
The Reports
The reports or opinions are acts of instruction consisting of a statement of opinion issued by an administrative body, not necessarily consultative, in relation to certain legal and technical aspects raised by a PA that should allow the issuing body a resolution on the PA to do so with guarantees of success.
The Trial
a) Concept: Means of Testing and Assessment
The events of instruction tests are aimed to demonstrate the accuracy or otherwise of the allegations and serve as a basis for the final resolution. Rule 80.1 provides that the facts relevant to a decision procedure and the contradiction that there can be proved by any means of proof admissible in law.
b) Burden of Proof
In PA we find that:
- Applicants may propose several tests deemed appropriate. (80.3)
- The body responsible for the PA is obligated to develop when the activity does not have adequate proof to certain facts alleged by stakeholders or required by the nature of the PA (80.2)
c) Period and Admission of Evidence
Article 80.2 provides that the trial can not be less than 10 days nor more than 30.
d) Practice Test
Required the presence of stakeholders in carrying out the tests, therefore Article 81.1 ordering the volumes on the AP media stakeholders, in advance, the initiation of necessary actions for the implementation of evidence admitted.
Public Information
a) Concept and Classes
Instructional Act under which participation is possible, for a specified period, any citizen, without further qualification, a PA, without having to be concerned with the purpose of providing their views on a draft act or made available to the AP.
b) Initiation of Proceedings of Public Information and Intervention
Hearing
a) Definition
This step clarifies that the administrative unit reports (the opening of the procedure provided automatically by the AP) all concerned that the case is at your disposal and gives a double right to interested parties:
- Browse by themselves or by proxy record.
- Alleged and submitted proof that they consider relevant.
b) The Statutory Procedure for Hearing
Must be completed once taught the procedure and immediately prior to drafting the resolution. (Find a complete overview). In principle, then there could not handle a new statement because it would cause helplessness.