Derecho Administrativo Mexicano: Primer Parcial

• Parcial 1 notes cover various aspects of administrative law in the Mexican context.

Courts and Legal Actions

• The Superior Court of Justice of the State of Querétaro handles mercantile, civil, family, penal, and electoral matters along with administrative and local constitutional issues.
• Legal actions to resolve administrative acts with defects are actions for annulment (juicio de nulidad).
• Local injunctions (amparos locales) are possible.
• The Federal Judicial Branch includes the Supreme Court of Justice (SCJN) and the Federal Judiciary Council.
• The Electoral Tribunal of the Federal Judicial Branch reviews electoral matters.
• Collegiate tribunals (Tribunales colegiados) and circuit courts (Tribunal Colegiado de circuito) are also part of the federal judicial system.
• District courts (Tribunal de distrito) exist within the judicial structure.

Administrative Law Overview

• Federal authorities such as the Ministry of Finance have decentralized bodies such as the SAT (Tax Administration Service).
• Administrative law encompasses many areas and is present in public law.
• Administrative law gives obligations and faculties to the administrative body to fulfill its duties.
• The Economic Competition Commission reviews company practices and can mandate actions to correct monopolies such as selling shares or reparations for damages.

Public Administration and Policy

• A current trend involves diverting resources intended for public education to other social policies, creating differences with opposing political policies. This can lead to the annulment of actions derived from these decisions.
• Administrative matters are categorized as a genus, leading to sector-specific areas.
• Each sector has corresponding regulations, such as the Federal Fiscal Code, agricultural development laws, and health laws, with overarching regulations governing administrative authorities.

Constitutional Considerations

• Article 124 of the Constitution specifies the legislative powers of Congress, while Article 89 mandates the executive branch to strictly observe federal laws.
• Article 73 grants state and municipal organizations regulatory power over matters not expressed in articles 73 and 124.
• Article 115, section 3 is important for municipal matters, giving the local government broad powers.
• State and municipal actions are challenged in the state administrative court, while federal actions are challenged in the federal court.

Administrative Authority and Police Power

• Administrative control has been specialized since France 200 years ago and has existed since ancient times to maintain order.
• Many activities require vigilance due to potential risks.
• Police powers (policía ordenación) are currently implemented by agencies like SEDENA, the Navy, the National Guard, local citizen security forces, civil protection, and public safety entities.
• The SAT monitors tax evasion and money laundering.
• Police activity involves intervention, requires that the individual be in a position for these faculties to be exercised over them, related to administrative law.
• The activity of police intervenes within the juridical sphere.

Intervention Powers (Facultades de Intervención)

• Intervention powers are classified by information and conditioning.
• Providing information to authorities is required by law for administrative management, planning, and public policy design.
• Identification requires safeguarding documentation to be shared.
• Formal and documentary duties require adhering to set protocols and documentation standards.
• Communication duties obligate individuals to inform authorities of relevant facts or circumstances related to their activities.
• Conditioning involves intermediate limitations that are not extremely light nor intense.
• Compliance is limited based on the grade of fulfillment.
• Homologation of professional titles is done through the Federal Law of Professions.
• Homologation is specific to each environment/subject, requiring a transversal theme.
• Certifications are carried out through accreditation, which allows for reliable judgement on part of a competent entity.
• A favorable argument for professional associations to exist is the freedom of profession and in some respects, training.
• Mechanisms for legal compliance include verification and declaration of activity.
• Authorities must be notified of certain actions, requiring official resolutions.
• Regulations may mandate permits for certain activities, such as noise levels at parties, requiring notification or permission.
• For violations, the authority may initiate proceedings, which must conclude with a resolution.

Authorization Techniques

• Licenses, permits, and authorizations have declaratory character, while concessions have a constitutive character.
• Sometimes there are extra requirements to be followed.
• Assessment of private conduct for potential harm to the general interest is a work of conditioning.
• Techniques of information compared to those of ablación, are found to be more incisive in conditioning techniques.
• Authorizations are of the process to excersize an activity with an exam of administration. A - requirements, B - adequate to the excersize of the activity.
• There is a concession and content.

Regulatory aspects

• Certain high risk activities are subordinated to administrative review and declarative act of checking.
• Disagreement arises between authorization- declarative and concession- constitutive acts.
• Preventative control is effective.
• Over regulation weakens the idea of what rights already exist.
• Discretionary power (discrecionalidad) is the power to make equally valid decisions based on law.
• An abuse of power (Arbitrariedad) is an activity outside of what is legally defined.
• Discretionally and effect of the annulment over base of agravio's.
• Discretionary excersize reduces rights that previusly exist.
• Incident in markets regulation implies and is not only pre existing rights, but conditioners the entire market.
• An intense state regulation causes companies to exit.
• Solidity of the juridical position of the administered.
• Regulated and discretionary are in condicionative normative requisites.

Conditions and Requirements

• A lack of Exhaustively conditions means no limit of the administration ability.
• Authority confirms the request with respect to documentation, valuing general interest.
• Taking all info into account a decision on conditionioning is made.

Ablative Techniques

• Ablative techniques encompass situations that expand passive states and reduce active states. For passive states these may include a constitutional moment in which duties may be established or executed.
• The government can restrict the freedom of movement if there is a warrant.
• Military service or compulsory social is a passive way that is amplified.
• In the situation or reduction of assets, being partially/ totally.
• If the benefit of a property is within a limited situation this is a federal required regime.

Operational Aspects

• Temporality is an important component.
• Control is intitial and negative, but services are foreseen on temporal lines.
• Tend to be reproduced.
• In typical punntual events, license for operation.

Operational Differences

• In license, temporary activity of service or business.
• They differ in object and nature, private and administration must work together to authorize said services.
• There are cases where such services lack administrative supervision, the duties of supervision fall upon administrstion.
• Look for state permissions.
• Usage is not only theoretical but practical.

Juridical Regime

• Juridical Regime of Administrative Authorities.

• There are similarities of authorisation sector.

• There is no special regime for authorisations, section in the normatives given trasnversly.

• Granting can be in any juridical manner, and prior autorisation and requirements should be followed in accordance to the pertinent regulation.

• It's fundamental to read previous law in regard to what changes in the current administration are made.

• The stage of actions in transit in which documentation is received in a discrecional manner, conditions of which are observed.

• Next the stage with a regimen of grant.

• The general regimen is negative or desestimatory.

• It is in state and federal.

• Possibility of silences to be recognised.

• Law sees a certification of negative.

• Faced with a negative resolution, see administrstive resources. This can be denounced.

• Second common cause is authorisations. They are of importance in classifactions.

• Real, Personal, and Mixed.

• What is personal is not is real.

• Authorisations/ lic. and are common in the generalities of transmissibility if first they are of character.

• If the person has certain attributions generally intransmisible, general of the attributions on things general transmissibles interest no, Thirdly there always elements to prevent transmission.

• Without further prejudice.

• The grant process goes in agreement with the party who sollicits it.

• Studies of autonomous entities in the theme of the university.

• TÉCNICAS DE IDENTIFICACION are physical and with a social number and documents.

• Simmilar with conditioning are alike but do not consider requirements.

• Commmunications/ declaration must be responisble.

• Inscripcion must be prior.

Extinction and Sanctions

• Homologations and normalisations.
• Extinction can occur by Complying.
• Or by rennouncing.
• The revocation of normative acts.

Normative Retractivity

• Abrogation with new laws in concordance with licenses, if the authority sees it fit due to the license's entrance it should be revoked if the law causes it.
• Changing in circumstances.
• New criteria of apreciation.
• Is possible the arbitrarity as it can derive from facultades.
• Non compliance with the original.
• Enforcement of infraction from the administrations position.
• Barandilla Justice is an expression that references the sanction that the administration is able to impose in the place in which a public worker grants a sanction to a individual.
• Administrative is is imposed.
• Penal and administrative
• Expropriation; This activity is to prevent.
• Lesion in coexistance.
• Right admin to give sanction.
• Fundations of penal ius.
• Admin right to give sanctions.
• Admin activity: police, das, expropiation, services.

Sanctions and their types

• Types of Adminitrative Infractions:
  • 1. Contra the workings; conduct that goes against the function
    • • The act of bribing causes a Administrative Infraction.
  • 2. Rules that damage social order
    • • To affect the collective that endangers general rights; this is managed and set under the legal codes.

Sanction and Compliance Fundamentals

• Sanction fundamental
  • • Positive 21 const.
      • • Discribe's the disposition
  • • Negative 22 const.
• Compliance with bussiness
  • • is to maintain guarantee with the constitution
  • • is to be sure.
• Contemporary means there is a mechanism that limit authority. that is for protection.
• Material Admin const to state
  • normitive elements must be stated.
• In a pro-example
  • state must protect both
    • • what it is to deguarantee.
• Reference 29 const regards the juridical guarantee
  • • in state actions
  • • so in mechanisms the protections that may have to offer.
• All sector law guarantees the judical authority.

DAS (Derecho Administrativo Sancionador)

• Public Sanctions.
• Contra public servants is on guarantee of legal process.
• Functions / order
• Articulo 89, 21, 22

Enforcements

• Enforcement with in authority
  • • authoritys sanction comes from the habilitaion of security the right
  • • as in the 70s secuirty laws was considered in admin that it would give authority with clause.
• The clause is seen from subordination.
• Propias admin is to comply to other forms without the fact that its enough.
• Authority
  • • facultades as that dissolve
• With the juris on 89 not has been solved.
• The legal distorsion in admin it can be seen in how it imposes sanctions like artbitrarity
  • legal trbunal seeks to be more efficient
• The case that it may be the legal that it is to say sanction (das) of proces.
• To be admin sancionator

Material & Formal

• All has had to do in to be legal from which orga is the act.
• Ordinary pos
• Special pes
• Civil
• Org de trbnak
• Ejercicio
• Art 3
• Cff
• Art 87 son to have fiscal that may be or public workers
• iv
• 46 y 48 codigo
• Diferen.cia entre la infracción
• Pena especil la g.s
• Medidas de la segureidad
• Is of procedural state
• Traffic code

Security Levels

• Ablatoria by authority

• Seguridad regime.

• The measures as the authority visits inspections.

Inspections required

• Inspections requirments, example is what is.
• In all of this one most find act.
• Articuos 62
• 69 juridical matter.
• Visita on fiscal
• A regime part of it

Tax seal

• No privatisation

• 2-06

• 1 seals.

• In a legal moment.

• Requirements to verify order.

• Legally give order.

• Allow proprietors

• Cession for security.

Proof of Identity

• All must be shown for proper authoritah expedites.
• All acts must be with proper orders.
• Legal terms of inspection will have all aspects in it that effect the case.
• In which legal terms must be.
• In cases where there is not is that act should legal power.

Sanctions

• Keep care for all inspections that one will validate sanctions
• 66 constitutional.
• This is a key aspect in the ability that exists in all actions.
• The acta is mecanismo to posibilitar.
• All admins must be on protocol- safety is most import.
• Police y Ordenacioon Das, expropiacions are all ablatorios and can be removed total or partial.

Principles of Property

• Must have propriety.

• Under legal and social views.

• It radicates the revolution of bolshevilm

• Is mechanism to get property as a result the state will indemnity one

• Features an exceptional to protect all.

• Adminative law, is law the apropropriation.

• Elements authoruty propreidand item.

• Form decomisio

• Is related with ilicitio paragraph.

• Acquistions and more this last 1 is the.

• From this is acqusition

• Rest are for the war in benefit.

• Nation is not with a juridical in expro don

• As in the case of nation is an example

• Promo but banca petróleo.

FOMENTO is the encouragement to public

• The activity for police and service is of a medium state.
• Is not confused with intensity is not of the.
• Is only with act is of intermediate.

Intermedium

• The police of a private place risks to all the people is under authority under needs of need.
• Fomen is because for to be actionable.

Fomento of the State

• This activity to for a work.

• This is to stop estructual or what is the

• In some cases is on is of not excusiva is a is

• Is the what makes with labor.

• Is it not the best with conduct.

• Is it us just with with way.

Fomento is under libetdad public

• What the the what should.

• Is a collabb.

• The is for society.

• Countries the most industry have had success so in this with way?

• All the constit.

• This act fomen can has what a legal state.

• Is one the what the specific econ.

• In the for is for parame.

Objectives in economic state

• Objectives of the the develop of the develop which it can be or has democratic.

• Under article 2 of develop law can has the to foment

• In the what is that the juridical prev what has can of a public or .

• Task under public or has a private.

• Legal notions under indian is is all

• Characteristics

• Contra state is what some how state.

• To take desic. state assumes there.

No state it is.

• Some legal under object.
• Under legal jurisprudence under authority.

_ - Under public state. Distintc state. state B.

• Is what all action

• Reto the lic all proc of a can to has what has this proc of the.

• Can this by this.

• Not the lineal to interviene.

• A. Under public state.

• B. what what that has

To state what state with

• Under act what acto.
• And with this state act what can this juridical.
• Under has state state.
• You as you not you as not what with .
• It state .

Procédimentis

• You be the this state should with and can with acts.