Talks to us today about basic issues that revolve around Law /, of October , on the Common Administrative Procedure of Public Administrations. Even when dealing with elementary issues, it is important to always take them into account, given that it is the essence of administrative law. In the field of public functions, whether legislative, administrative or jurisdictional; A special procedure is required to carry it out; which will be different depending on the function pursued. This procedure is called “administrative procedure” when it is an administrative function, and is regulated in Law / on the Common Administrative Procedure of Public Administrations (LPAC), as well as in Law /, on the legal regime of the public sector (LRJSP). What does the administrative procedure consist of? The explanatory memorandum of the Administrative Procedure Law -LPAC- defines the procedure as follows: “Ordered set of procedures and actions formally carried out, according to the legally established channel, to dictate an administrative act or express the will of the Administration.
What are the objectives of the administrative procedure? The LPAC regulates the administrative procedure to satisfy the two basic objectives of said procedure, which are: constitute a guarantee of the rights of those administered. ensure the prompt and effective satisfaction of the general interest. This second Canada Mobile Number List purpose or objective of the administrative procedure is expressly included in Law / on the legal regime of the public sector (LRJSP), a law that will be introduced in a later entry. It should be noted that, since October , , with the entry into force of the LPAC, by which Law / or LRJPAC - Law of the Legal Regime of Public Administrations and Common Administrative Procedure - was expressly repealed; The administrative procedure has been regulated therein, in addition to the LRJSP. Notwithstanding the above, the provisions of Law /, relating to the electronic registry of powers, electronic registry, registry of authorized public employees, general electronic access point of the Administration and single electronic file began to produce effects as of October , that is, just two years after the date of entry into force of the law.
Where is the administrative procedure structured? Law / regulates in Title IV the general structure of the procedure that must be followed to carry out the legal activity of the Administration. Faced with current special procedures that are governed by specific rules, such as administrative procedures in tax matters (regulated by the LGT, or General Tax Law), or the expropriation procedure (governed by the LEF, that is, the Forced Expropriation Law ). Likewise, with Law /, the special procedures were structured and integrated into the common administrative procedure itself and not in separate titles as the previous and already repealed LRJPAC did. What happens with previous civil and labor claims contemplated in the LRJPAC? In this regard, Law / makes it clear in its statement of reasons V that it no longer contemplates prior civil and labor claims, as it understands that they are a burden for those administered and have little public utility. Furthermore, the LPAC declares in its repealing provision that the rules that regulate administrative procedures of Public Administrations are expressly in force insofar as they do not contradict, or oppose, the provisions of it.