Administrative Appeals and Resources

Administrative Appeals

• Administrative appeals involve reviewing actions through official channels like reviewing ex officio, regulations, and void actions.
• Actions that can have their annulment reviewed involve declaring damages, suspending, and repealing acts.
• There are limits to revisions

Administrative Resources

• Administrative resources follow general principals to make sure people exercise their rights.
• Principles dictate resources like:
  • Reviewable actions
  • Basis for challenge
  • Actions ending the process, appealing, and reasons it can be rejected
  • Suspension of execution, hearing stakeholders, and resolution.
• Appealing something involves escalating an issue and its motives up a chain of command.
  • There are specific time limit to the escalation
• Optional appeal for reconsideration is available
• A special review can be offered
• Additional challenges exist like cases where regular acts still have defects that result in full or partial annulment like when the Administration acts under civil/labor law or lawsuits between them.
• Legal advice provided by the Administration isn't subject to administrative review; issues go to civil and labor courts.
• Disputes among Public Administrations also don't allow administrative appeals where a party can use administrative appeal for their own public right.
• Resolutions that are final define procedure ends and contain accepted practices.
• Documents may include conventional ways that proceedures end.
• Actions from procedure are appealable if they decide something directly or indirectly and make it hard/impossible to continue the process.
• They may create a defense or permanent damage to lawful rights and legitimate interests.

Appealing

• Appeals must target actions subject to administrative law.
• Appeals are used to correct mistakes or annulments under Articles 47 and 48 of Law 39 of PAC.
• Errors caused by the appellant is not acceptable to claim
• Appeals of general provisions are allowed if based solely on their nullity, filed with the issuing body.
• Laws can swap appeal to a board or commission as long as there are protections.
• Economic-administrative complaints follow specific rules and appeals are based on nullity.
• All recourses must be grounded in the reasons established in Art. 47 and 48 of the Law 39 of PAC, a strict legality mechanism.
• The Article 14 of the Law indicates the end of administrative authority actions, a aspect of how an action proceeds that involves:
  • Appeal resolutions
  • Substitute procedures resolution based on the Article 112.2.
  • Administrative body resolutions with no higher authority, unless stated otherwise.
  • Agreements, pacts, the Administration's liability and other resolutions.

Appeal Requirements

• Appealing involves having the request fulfill a certain format and show:
  • Personal details of the appellant
  • Identifying the act and motivations
  • Add location, date, signature, and contact address
  • Any specific needs of the admin center it is directed at
• These demands are checked against the case

Suspension

• Suspension is generally not guaranteed when appealing, unless a law says otherwise.
• The group in charge can suspend based on the damages made to someone.
• A suspension is approved if certain things are true:
  • Actions cause irreparable damage, challenge based on full nullity reasons in Clause Art. 47.1.
• If suspension isn't resolved in a month, consider asking for silence as an action
• Steps can be adopted for a case involving many people
• A hearing will be made for those that are involved, even those that weren't the original appellants
• Time will be set to make a ruling

Judgements

• Rulings are made on many basis.
• A judgement can include:
  • Inadmissibility
  • Issues in procedure
  • Formal resolutions as opposed to cases that aggravate a person's initial situation

Escalation

• Appeals of resolutions and actions are not the end of administrative power may be appealed to a higher hierarchy of power.
• Appeals can happen in these types of departments like:
  • Courts that handle staff, employment matters.
  • Places were functions are conducted autonomously.
• It is also vital to know people of responsibility

Escalation Rules

• A recourse is done if it's handed to the group or representative assigned to resolve it.
• Time limit when submitting is a month.
• Rulings take up to 3 months to resolve.
• The exception to the rule is when escalation is requested for administrative authority.
• There are also general reasons for not accepting an ordinary recourse

Reconsideration

• Reconsideration involves a review of the establishment for procedure for citizens to have access to free evaluation without forcing themselves to do so.
• Reconsideration resolves administrative authority with those affected directly in jurisdictional court.
• There are fundemental differences between a resolution/authority: It can't be done without finishing the official way and it must involve the same branch who gave the action.