ADMINISTRATIVE LAW "Libardo Rodriguez"
ADMINISTRATIVE LAW "Libardo Rodriguez"
ADMINISTRATIVE LAW: A set of legal rules governing the activities of public entities and private persons involved in this activity or are affected.
HISTORY
France
Period of the Monarchy: All justice emanates from the king, was judged on his behalf.
Period of the French Revolution were joint Parliaments responsible for administering justice in the previous era, judges were forbidden to meddle in the affairs of government, judicial functions are and will continue to be separated from administrative functions. Constitution of 1799 by Napoleon BOUT essentially, created the council of state in some aspects of the old advice of the King.
Subsequent developments: Justice on hold, the chief executive retained the power to make proper decisions. Quine loved justice was the council of state-delegated justice was no longer the chief executive who made the decisions but that they correspond directly to the EC Court was created conflict to resolve any questions that present the general and administrative courts.
failure
Cadot: 1889 showed that it had acquired legal power over time. There is general jurisdiction conferred car in litigation management. Blanco fault: 1873 conflicts court upholds the principle that the administration should be governed by special rules different from those applicable to private relationships.
failure
Terrier: CE 1903 notion of public service characterized by the search element of interest.
HISTORY OF COLOMBIA
nineteenth century CE was created by Bolivar as government advisory body, through Decree 30 October 1817. CN 86: CE reappeared as an advisory body. Twentieth century by legislative act 10 of 1995 CE was removed, then later with Act 3 of 1910 the law establishing and organizing the administrative jurisdiction. CP 91: existence of the Court of Administrative Law at the head of the State Council.
ADMINISTRATIVE ORGANIZATION
PERSON: It's all being capable of being subject to rights and obligations.
NATURAL PERSON: They are all individuals of the human species, whatever their age, sex, race or status.
LEGAL ENTITY: A fictitious person, able to exercise rights and assume civil obligations, to be represented judicially and extra judicially.
PRIVATE LEGAL ENTITY: These are corporations, foundations and corporations as or instead fall into soc associations or companies.
public legal persons: Those who pursue fines de interés público o social.
EL ESTADO FEDERAL: Es una asociación de estados sometidos en parte a un poder único y que en parte conservan su independencia, Ej: USA, Suiza, Canadá, Méjico, Brasil, Argentina y Venezuela.
ESTADO UNITARIO: Es el que solo posee un centro de impulsión política y gubernamental, titular es el Estado. Ej. Colombia, España, Italia, Ecuador, Francia, Portugal.
CENTRALIZACION: Es el fenómeno jurídico político que consiste en que todas las tareas y funciones se radican en la persona jurídica Estado, sea manejado from the capital.
devolution: is the filing of powers and functions in facilities located outside the main office or administrative entity. Ie, the state acting through the Ministries.
spatial deconcentration: Involves shift of functions from the capital to the provinces.
DECONCENTRATION Hierarchical: Extension of functions from higher authorities to lower without any physical movement. Ex: The president is responsible to perform all additive functions, however these functions passed to ministers and these in turn below.
DELEGATION: Transfer the performance of duties to his staff or other authorities with similar or complementary functions. The official who owns a role (delegating) the move to another authority (delegatee) to exercise on behalf of him. The act of delegation will always be in writing and he delegated authority and determine the affairs of the delegation disclaims delegating responsibility, will be the lead on the delegates. Exception: may not be transferred through delegation to issue general regulations, functions that by nature or by constitutional or legal mandate are not subject to delegation.
DECENTRALIZATION: It is the power given to public entities other than the state to govern themselves through the establishment of functions in their hands that perform autonomously.
hierarchical control: is the higher authority exerted on the authorities or officers below on the basis of rank or authority. People control over civil servants: Understand the powers of appointment, disciplinary power and decommissioning, the law determines which is competent to appoint senior employees of the respective agency to punish and make decisions about the decommissioning of these inferior officers, we have the attorney general of the nation. Control over the acts of officials, includes the power to revoke, once brought on appeal or by direct repeal.
Administrative Decentralization: It consists in granting administrative powers or functions to persons other than the State government, to exercise on their own behalf and responsibility.
TERRITORIAL DA: Grant of administrative powers or functions to regional or local authorities to exercise on their own behalf and responsibility. Eg Departments, Districts, Municipalities. Elements: the need local, legal, budgetary autonomy, active autonomy, local authorities, central power control.
DA
SERVICE: Granting of powers or functions of government entities that are created to perform a specialized activity Ex: St Public Company mixed economy, Superintendent. Elements: the existence of activity worthy of autonomy ie the ESAP, legal, budgetary and financial autonomy, administrative autonomy, their own authorities, central government control.
GIVEN CO: Granting of powers or management functions to private individuals for the exercise on her behalf. Eg notarial activity, public system of trade in the hands of the Chamber of Commerce, National Federation of Coffee Growers.
CARE CONTROL: It is he who exercises power on institutions central and decentralized authorities, both territorial and for services. Authorities: in the hands of Congress by the legal regulation of the activities that are the subject of decentralization to local authorities, and government through the exercise of regulatory power on the same legal regulations. Control over the people: governors may be suspended or dismissed by the president in cases specified by law, as an municipal mayors and other elected officials. Control over the acts or activities of decentralized entities: They are for governor departmental assemblies (ordinances) and the mayor municipal councils (agreements).
PUBLIC FUNCTION: Labour relations between state and servers. From the Law 6 / 45 displayed the different classes of officials. Public Servants: popularly elected persons, public employee, official employee. Public servants are members of the public corporations, employees and state workers and its decentralized territorial entities and public service employees, are characterized by being linked to the administration by a legal and regulatory interlocking instrument of appointment and possession of the employee, are subject to the administrative jurisdiction. Official workers: they are related to the administration through contract work, working conditions can be discussed both at the time of signing the contract or later mind through petitions, legal regime of competition of labor judges.
HERITAGE PUBLIC HERITAGE
: it consists of property, rights or things that represent a monetary value.
EMINENT DOMAIN: The power of the state over the entire territory of its jurisdiction.
PUBLIC DOMAIN: consisting of those goods in which it manifests a special property of the State, whose content is different from private property to carry on his property.
PRIVATE DOMAIN OF THE STATE: The property of persons engaged in public about it, is similar to private ownership of property.
HERITAGE PUBLIC IN COLOMBIA
TERRITORY: This consists of the mainland, the subsoil, the territorial sea, contiguous zone, continental shelf, exclusive economic zone, air space, the segment geostationary orbit, the electromagnetic spectrum and the space where it acts together with the islands of San Andrés, Providencia and Santa Catalina.
public goods: are those whose use belong to all inhabitants of a territory, open to public use.
Natural
: marine waters, rivers and airspace. Artificial: Roads, squares, streets and bridges. Fact: when in practice it presents public use without need for an authoritative decision has so provided for each particular good, eg, the street is for public use without being declared.
Formal: When the quality of a public good depends on a decision of a competent authority which it is intended for community use, eg a public entity decides to open a library that serves the entire community.
reversal PHENOMENON: is that a well that had the quality of a public good ceases to be a decision competent self when there is no need for the community, eg, Old road ceases to be public utility by building a new one.
FEATURES: inalienable, unalienable, indefeasible.
PROPERTY TAX: They are public figures and whose use is not general for the people, private domain of the State. Income, property, securities, dy actions belonging to the Colombian union, gold mines, copper, silver, platinum, precious stones, coal, iron, sulfur, oil wells.
ADMINISTRATIVE FUNCTIONS: This activity is immediate, convenient and direct organized by state organs to utter:
administrative acts: are the manifestations of the will of the administration intended to produce legal effects. Eg a presidential decree, a Resolution of the Ministry, an Ordinance Division, a municipal agreement.
ADMINISTRATIVE FACTS: Those phenomena, events or situations that occur independently of the will of the administration, but legal effect thereon, eg a car accident caused by an administration, a collapsing administration building.
ADMINISTRATIVE OPERATIONS
: Are those legal phenomena which consist of a meeting of a management decision with practical implementation that together form a single performance management. Eg closing a restaurant, but not only that decision is physically and materially but it does leave and close their doors.
WAY OF FACT: When the material compliance enforcement activity, the administration engages in aggravated unlawful or excessive, either because they had power to act or because having it used irregular procedures. Eg, a legal acts and functions overreach.
administrative omission: failure of the Administration are producing legal effects on it. Eg administration placed no traffic signals to prevent the occasion of a public work.
ADMINISTRATIVE ACTIVITY: This is done through procedures and are the pre-administrative act. Exception Acts of appointment and removal, non-application of art1 CEC to 81 military and police, except special law.
ADMINISTRATIVE ACTION: Formation of the act. Ppios: economy, speed, efficiency, fairness, advertising, contradiction, Previous decision: To provide an opportunity for stakeholders to come before the courts if they consider that no action is framed legally. Running job: applying power to the administration itself using its own instruments by administrative measures when firm.
PROCEDURES:
- exercising the right of Request: (general interest 15 days, including 15 days, information 15 days, 30 days query formulation, document 10 days).
- In compliance with a legal duty: Administration pronounced for the party meets a legal duty, eg income statement, property tax.
- Initiated automatically: If there is illegal activity must report informally administration.
- culminates with administrative act:
Express: create, delete, extinguish, modify or rights situations.
Ficta: active silence exhaustive positive, negative, because the conflict is negative, if after 3 months from the date of the filing of the petition without any reported decision of the ruling.
CONTROL MECHANISMS:
* VIA GOVERNING: This is the procedure followed before the administration in order to contest their own decisions, management can make amends. Permissible: no action against general acts or those of procedure, preparatory and implementation, except for express provision.
REPLACEMENT: At the same official who made the decision to clarify, amend or withdraw.
APPEAL: It is mandatory, before the same official to refer to the immediate superior.
COMPLAINT: When the appeal is rejected. The only action is to exhaust administrative remedies is an action for annulment and reinstatement of the right. If they are acts of a general is to the courts through the remaining shares.
* VIA OF EMERGENCY: CCA art 66 and 67, 4 C. Policy.
ACTS OF THE ADMINISTRATION:
Author event: State official making the decision. Legislative "category or have the force of law. Administrative-si is dictated by the legislature. Court, if the function belongs to the executive branch of authority.
Procedure Act, be administered if it is subject to the rules of procedure that the legal system requires the development of that character. Be jurisdictional if it was issued establishing the rule of codes and procedural rules.
Form of the event: Legislative issue are those who observe the traditional way of presentation of the law. Administrative action in the form of self-presentation of decrees, resolutions, ordinances, agreements.
Legal situations objective: those whose content is the same for all individuals should come to be in possession of it.
subjective legal situations: They are those whose content is determined individually for specific persons.
Acts Rules are those that create, modify or suppress general and impersonal situations, eg tax law, civil code, trade.
subjective acts: those who create, modify, extinguish an individual status. Ie, the act which is punishable by an official or a fine is imposed.
Acts condition: Those who ascribe to an individual a general status or objective, are located in an intermediate place between the act and the rule condition, ie, the appointment of a public employee after fulfilling the requirements of his office in the office.
CLASIFICASION
ACTS
According to the power used for dispatch:
power or authority acts are those acts by giving power of command, eg Act by which administration prohibits a demonstration.
management acts are those which management se despoja de poder de mando y actúa en igualdad de con de los particulares, Ej. Acuerdo de voluntades.
De la vinculación con el servicio público:
Actos de servicio público: se relacionan directamente con la actividad, Ej. El acto por el cual se establecen tarifas de servicio.
Actos ajenos al servicio público: no tienen relación directa con las actividades del servicio Ej. La contratación de un pintor para la realización de un cuadro en un despacho público.
Según el contenido:
General Instruments: These refer to specific persons, eg regulatory decrees.
individual Acts: refer to specific persons individually, ex act deposing an official.
of wills involved in the preparation:
Unilateral acts, are the expressed will of the administration, eg Decree.
bilateral events, are products of will between the government and individuals, eg contracts.
plurilateral instruments: consent of more people, eg The issued by assemblies and councils.
From the varying degree of competition:
regulated Acts: issuing authority in strict compliance with a mandate, ie, the act gives the administration a person's pension retirement.
discretionary acts, issued by the authority in those cases where the law gives you options before decision can be taken, eg President to declare a state of internal commotion.
From the case:
Acts
simple: those who require a single legal action for the issue, eg decree of appointment of a minister.
Acts
complex, requiring several legal proceedings for the issue, are subject to prior authorization, eg, An ordinance of the assembly which requires approval in several debates and sanction of the president.
Del scope:
National Instruments, issued by national law enforcement authorities and are valid throughout the territory, eg the president decrees, decisions of a minister.
Local Events: character dictated by departmental officials, county and municipal ordinances eg agreements assembly and municipal councils.
From the relationship with the decision:
preparatory acts or accessories are dispatched as part of an administrative procedure that is directed or a decision after it meets requirements, eg Act by which requests a concept to another authority before making a decision.
final acts or main contain the actual decision, ie act granting a pension.
From hierarchy:
Legislative acts: they are in the same hierarchical level of the law, eg legal decrees or decrees outstanding.
administrative acts, are in a lower hierarchical level to the law, eg, decrees, ordinances, orders, acts as governor and mayor.
REVOCATION ADTIVOS DIRECT ACTS: The administration of life takes away legal acts that she herself has previously issued.
Features: Must be removed by the same officials, when otherwise the constitution, they are not in the public interest or social, when you cause an injury to a person unwarranted. Acts is not admissible against which it is exercised through government channels resources. Revocation of acts of a particular and specific: they may not be revoked without the express written consent of the respective owner, except, when they result from the implementation of administrative silence of the grounds of Article 69 CCA, as is necessary to correct simple arithmetic errors when this proved that the act was committed by illegal means ie bribery.
By: Dr. Lennart Mauricio Castro Lopez
