Derecho administrativo: El poder judicial

Parcial 1

• The Superior Court of Justice of the State of Queretaro handles cases related to mercantile, civil, family, penal, electoral, administrative, and special local constitutional law.
• When requirements are missing in a flawed administrative act, the issue is resolved through a nullity trial (juicio de nulidad).
• Local amparos (legal protections) can be produced.
• The federal judicial power includes the Supreme Court of Justice of the Nation (SCJN).
• The federal Judiciary Council and the Electoral Tribunal of the Judicial Branch of the Federation are part of the federal judicial system.
• Collegiate tribunals, the Appeals Tribunal, the Collegiate Circuit Tribunal, and the District Tribunal are mentioned.
• Federal authorities, such as the Secretary of Finance, have decentralized entities like the SAT (Tax Administration Service), with differences existing between intermediate and lower levels.
• Administrative law encompasses many subjects and is practically present in all public law.

Obligations And Powers Of Administration

• The law gives the administration the obligation and powers to carry out its duties.
• The Economic Competition Commission reviews companies and their holdings concerning prices.
• Anti-monopoly actions, like compelling a company to sell assets or compensate for damages, are possible following an infringement.
• Coordination exists between public administration and public policies.
• There's a trend, exemplified by cases such as Rosario Robles and Lopez Obrador, of diverting resources from public education to social policies in contrast to those of political adversaries.
• Designing the budget of expenditures, especially with differences regarding the National Development Program, is formalized with the Planning Law, giving rise to operation rules that can administratively annul actions derived from them.

Administrative Matters

• Administrative matters are a species of genre and as a consequence sectorial scopes.
• Each sectorial scope has its normative aspect like the Fiscal Code of the Federation, the Law of Agricultural Development , the Health Law, etc.
• Transversal regulations mark the juridical regime of the administrative authorities.
• Mentions LFCA LFPContenciosoAdministrativo.

Constitutional References

• Article 124 of the Constitution specifies the Congress's legislative powers.
• Article 89 of the Constitution dictates that the executive branch must strictly observe federal laws.
• Article 73 grants state and municipal organizations regulatory powers to regulate matters not expressly covered in articles 73 and 124.
• Article 115, section 3 grants municipalities broad authority.
• State and municipal actions can be challenged in state administrative courts, while federal actions are challenged in federal courts.

Police Activity and Ordering

• This refers to the capacity or powers of surveillance and protection of public security.
• State control specializes in France 200 years ago systematizing this area of control and including from primordial ordering in Babylonia or Greek city states or in the medieval era controlled by the king lord and managed and executed by an army to maintain security and their power primitively.
• Currently, police ordering includes SEDENA (Secretary of National Defense) at the federal level, the Navy, National Guard, and local entities for citizen security, civil protection, and public safety.
• SAT is mentioned as a decentralized entity overseeing tax evasion or money laundering, requiring investigation into the lawful origin of financial resources.
• Police activity develops through intervention faculties in our juridical sphere, provided a particular put into the position for those faculties to be carried out on behalf of an individual.
• The activity of police intervenes in our legal sphere.

Intervention Faculties and Techniques

• These are techniques where the legal system mandates that individuals provide information to authorities.
• This information is used for administrative management, planning, and designing public policies.
• Identification involves obligations to safeguard documentation or information to be shared with authorities, e.g., fiscal information, identification of physical and moral persons.
• Formal and documentary duties are another category.
• Communication duties occur when the law obliges individuals to inform authorities about facts or circumstances known to them related to their activity.
• Conditioning has limitations.
• It's intermediate, as its non-compliance is limited, neither light nor intense.
• Verification through homologation of degrees as stated in the Federal Law of Professions.
• It should seek a transversal theme to homologate.
• Certifications are carried out by the accreditation of CIIES, which has certain accreditations to guarantee or accredit an affirmation specific by part of a competent entity.
• A favorable argument so that it could be collegiate is the freedom of profession and also could be favorable for capacitation.
• Verification mechanisms involves initial declaration of activity.

Authorization Techniques

• Licenses, permits, and authorizations have a declarative nature, while concessions are constitutive.
• Extra or discretionary requirements may be necessary in some cases.
• Ordering or police activity (material perspective of administrative activity) what the administration does?
• It is a work of conditioning of private conducts that possess an injury potential for the general interest, reserve of law and specifications.
• Includes information techniques and ablatatory techniques, TA conditioning techniques are found.
• Authorization of the excersise of a licit activity through en examination by the administration.
• A. Specific legal requisites.
• B. The adequation of the exercise of the activity to the general interest.
• Garcia de Enterria mentions.
• A concession and content exist that have a legal security effect, found in the express resolution, motivations, and temporalities.

Administrative Acts And Legal Principles

• Santamaria Pastor mentions potentially injurious activities are subordinated or conditioned to an administrative act of verification and declaration.
• Difference between permission and authorization.
• The effective control is the preventive. An equilibrium between preventive control and deregulation is aspired to.
• Discretionality can weaken preexisting rights.
• Discrecionalidad is the authority enabled by the law to decide between different options all equally valuable.
• Arbitrariness is acting outside of the law.
• Legal justification is found in administrative discretion for reasons of invalidity with base in effects of aggravation.
• The discretionary exercise weakens preexisting rights over authorizations.
• Their incidence in the regulation of the market only implies preexisting rights and that further conditions the whole market.
• An state with intense regulation causes an flight effect by the companies.
• Solidity of the juridical position of the administered company.
• Rule governed and discretionary.
• Rule governed conditioning of the requirements of activity - verification.

Requirements And Review

• Conditions and requirements are not exhaustively found therefore the Standard permits the value of the Administration of its adequation to the general interest.
• The authority proves to receive the soliciation, with respect of the documentation and to value the general interest the authority elects with base in the former matter thorough inspections, reports, etc., taking a valid decision conditioning.
• Mention of Ricardo Rivera Ortega authoring a work on administrative law on the market.

Ablatory Techniques

• Ablatory techniques broaden passive situations and reduce active ones.
• Passive extensions can be pecuniary or personal, such as military service or prohibitions on circulation.
• Active reductions can be total or partial, affecting patrimony or rights and obligations, in which it is foreseen there be affection and reduction of active the situation, or ownership, being partial in the case of the limits to the rights of ownership when this is found in a special regime such as as USP, taking enjoyment of the property in the case of Ventro Historico due to the part it is of the UNESCO, which has a obligatory federal regime.
• Simple and operative it's considerable the time element in these.
• Initial and negative control existing without damage, but service activities are foreseen with certain temporality, renewable automatically.
• Tendentially reproducing when it is required for administration to supervise or supervise.
• In certain events where municipalities issue authorizations.

Operations and Regulations

• Functioning refers to situations where participants organize with the municipality.
• The licenses emitted by the municipality are emitted along with the physical space being requested.
• Functioning licenses refer to a future temporary activity.
• Difference in operation and functioning with respect to object and nature.
• Relationship between Private Administrator
• Supervision administrative with null efforts to to situations.
• This difference marks the responsibilities of the administrative.
• Searches for concatenation between the authorized permits.
• The utility of this classification is not only theoretical as well as practical.

Authorizations And Legal Frameworks

• Common features of authorizations within different sectorial norms are mentioned.
• No special regime specifically respects authorizations, and the sectoral norms give parameters that find the nature in appropriate juridical regime.
• Granting implies that a license goes to regulation.
• It is necessary to read the trifold changes
• A phase of of procedure takes action.

Documentation Review And Challenges

• Documents be received be discretionary, the reviser evaluates the documents subject to evaluation, if the document is evaluated contrariwise is does the inverse.
• There is a stage in which an act of granting occurs, contrasting general and individual interests relating to health, and is resolved through an administrative act of via permission, license or act of authorization. Such a declaration gives a favorable legal action.
• An act can be requested to shorten resolution like negative silence
• The general regime is negative or rejecting functions in de-federalized.
• You can denounce the ruling before TJA presenting certifying paperwork with mentioning term as well the authority already made the displacement.
• The second causal of common traces to the authorizations
• There are three kinds of authorisation.

Transmissibility

• In law what isn't personal is real, in the Administrative with general rule it's real, but by exception is is personal like liquor licenses.

Identification Techniques

• These are akin to conditioning, but they do not judge on discretion.
• Communications are previas, responsible declaration.

Extinction Of Rights

• Homologations and normalizations lead to extinction for the right.
• Completion and Renunciation are mentioned.

Revoking Rights

• Retoractivity in prejudice to abrogate a new law in accordance with certain licenses and if the authority sees the license that it can revoke because that new law revoking the law will reclassify.
• In redistribution or land uses, switching material circumsrances the AP might revoke licenses.
• New apreciation tests.
• The arbitrary is possible by argumentation given the faculties of discretions.
• Noncompliance.
• Due process.

Justice of Barandilla

• This is an expression referring to the sanctioning activity of administration where servers apply a sanction to a particular.
• Consists of administrative sanctioning law and felony administrative law.
• Expropriation is carried out to deter
• Damaging conduct and regulated coexistence.
• Sanctionary of the administration.

Right To Impose Sanctions.

• The penal and administrative by to exercise the right to punish by by the part of state, is manifested through capacity to impose a sentence through commission and imposing sentencing of sanctions.
• The constitutional foundation of the exercise is mentioned, which are stated in article 21 of the constitution called legal safeguards, where the administrative authority carries out the excersise of the powers of sanctionation with the limits to the law administrative in matter matter and sentence that is imposed by a judge with the fulfullment of the penal code in case of criminal cases.
• The administrative Sanctionary Rights.

Activities of Public Administration

• Police
• DAS
• Expropiation
• Promotion
• Public Service
• Works by Luis Jordana.
• Works by Eduardo Garcia de enterria.

Types of infractions

• Against administrative operations
• Against social order

Constitutional Support

• Contemporary guarantism means there should exist limits to authority of recognition to private.
• In administrative law in the the most effective constitutional it should mention normative to have certainty.
• Article 29 refers to legal security.

The Actions of the State

• Sectorial legislation guarantees sanction

DAS(Derecho Administrativo Sancionador)

• Public order

• Sanctioning

• Panamá Case which is against officers

• It is delineated to the authorities

• If the administrative receives a sanctions through validation.

• Article 89 states is well founded.

• Congress must keep exact surveillance.

• The administration has to guarantee law effectiveness.

Authority And Deterrent Authority

• Jurisprudence on Article 89 failed to resolve.
• The judicial tribunal with the decembrine reform.
• The difference from matter.
• POS is mention.
• Cjf is mentioned.

Legal and Fiscal Repercussions

• Article 3 of the governing of of administrative law.
• Article 87 from fiscales infringements refers what officials incur _ Divulging confidential information that compromises third independent parties which are the laws.
• Differences between criminal vs infringement.
• Penalties of crimes article 458.
• Safety procedures consist of initiating lifting a course.

Legal Safety

• Transition laws
• Federal of proceedings 81-82
• The law protects of means the through
• They should act with legality.