Derecho Administrativo: Parcial 1

General Concepts

• Parcial 1 appears to be a segment of study material.
• Administrative law encompasses many areas of law and is present in almost all public law.

Judicial System

• Tribunal Superior de Justicia del Estado de Querétaro is mentioned.
• Processes involving the lack of administrative act requirements are resolved through a nullity trial.
• Local amparos (legal protections) can be produced.
• The federal judicial branch and the SCJN (Supreme Court of Justice of the Nation) are noted.
• Consejo de la Judicatura Federal (Council of the Federal Judiciary) is mentioned.
• Tribunal Electoral del Poder Judicial de la Federación (Electoral Tribunal of the Judicial Branch of the Federation) exists.
• Collegiate courts ("Tribunakes colegiados") exist.
• Tribunal de Apelación (Appeals Court), Tribunal Colegiado de Circuito (Collegiate Circuit Court), and Tribunal de Distrito (District Court) are mentioned.
• Lawsuits at the state and municipal level are challenged in the state administrative court.
• Federal lawsuits are challenged in federal court, concerning administrative acts issued at the federal level.

Administrative Authorities

• Federal authorities, such as the Secretaría de Hacienda (Department of Finance), have desconcentrados (decentralized entities) like the SAT (Tax Administration Service).
• There are differences at intermediate and lower levels of authority.

Administrative Obligations and Powers

• Administrative law gives obligations and powers to administrative bodies to perform their duties.
• The Comisión de Competencia Económica (Economic Competition Commission) reviews companies and holdings on prices.
• If a company is acting as a monopoly, it can be forced to sell shares or compensate for damages caused.
• Coordination exists between administración pública (public administration) and public corporations.
• Some have observed a trend of diverting resources from public education.
• A gender-based approach gives matter to administrative law and subsequently sectoral environments.
• Each sectoral environment can have its own regulatory facet, like the Código Fiscal de la Federación (Federal Tax Code) or laws on agricultural development or health.
• Transversal regulations exist that define the legal regime of administrative authorities.

Constitutional Aspects

• Article 124 constitutionally specifies what Congress can legislate.
• Article 89 addresses actions in accordance with federal law.
• Article 73 provides regulatory power at the state and municipal levels, for items not already in articles 73 and 124.
• Article 115, an important article focusing on municipal faculties, gives the local governments significant autonomy.
• Artículo 124 constitucional mentions that the Congress can legislate and therefore those laws that are emitted, while in the 89 constitutional, the executive will proceed in strict observance of the federal laws.

Police Power and Regulation

• The state's control specialized in France systematizing control and inclusive starting from the primordial ordering in Babylonia or Greece in city states or in the medieval age controlled by the king.
• Police powers are meant to maintain security and guard against potentially risky activities.
• Currently, police powers are held by Sedena, Marina, Guardia Nacional at the federal level, and local security forces at the local level.
• SAT supervises tax evasion and money laundering, requiring vigilance over the legal origin of financial resources.
• Police activity is developed through the faculties of intervention in our juridical sphere.
• There is much intensity of recurrence of policing in development and public service, where the authority is the main acting part.

Intervention Faculties and Techniques

• These are powers for the police, which are organized as follows:
• Information: Techniques where the legal system requires individuals to provide information to authorities for administrative management and policy planning.
  • Identification: Obligations to safeguard documentation or information that must be shared with authorities.
    • Identification of individuals.
    • Identification of legal entities.
  • Formal and Documentary Duties.
  • Communication Duties.
  • The law obligates individuals to inform authorities of facts or circumstances known to them related to the authority's activities.
• Conditioning: Has constraints.
  • Are intermediate because from their incompliance is limited, not a slight or intense effect.
  • Verification through homologation of degrees, in accordance with the Federal Law of Professions.
  • The element that is abstracted in what is different with each element of element to the themes of the element.
  • Certifications performed by CIIES accreditation, offering certain accreditation to evaluate or to accredit this is evaluated.
  • A favorable argument to collegiation is in the freedom of profession also as an option for training.
    • Verification
    • Initial declaration of activity
    • Mechanisms can be anticipated by the law for what particular matters.
• Authorization Techniques.
  • Licenses, permits, and authorizations are declarative, while concessions are constitutive.
  • Occasional extra requirements or administrative discretions may be needed.
  • Conditioning of private conducts that have potential harm is a labor of police.
  • Conditioning techniques lie between information techniques (less invasive) and ablative techniques (more invasive).
  • There a technique authorization or is authorization.
  • Authorization for the legal exercise of an activity through an examination by the Administration including with determined legal requirements.
  • Proper exercise of the activity toward a general interest.

Regulation and Discretion

• Certain potentially harmful activities require administrative review and declaration.
• Effective control is preferred to deregulation.
• Discretion weakens the idea of preexisting rights.
• Discretion allows the authority to choose between equally valid options.
• Arbitrariness is acting outside the law.
• Discretionary exercise weakens pre-existing rights on authorizations.
• Intense regulation can cause companies to leave.
• The legal position of the Administrado is solid.
• RULED AND DISCRETIONARY: Normative conditioning of the Requirements.

Ablative Techniques

• They increase passive situations and reduce active ones.
• The former occurs when the law establishes or executes onerous obligations.
• Examples for the above statement include contributing to public spending per Constitutional Article 31, Section V, or restricting freedom of movement.
• Examples of passive increases include mandatory social or military service.
• Active reductions can be total or partial.
• The law outlines the process for affecting or reducing assets, sometimes partially limiting property rights in special cases.
• Simples and Operating: Element of time in these.
• S - Is an initial negative control with no damage, those activities of service are anticipated with with a certain temporality, renewable procedure.
• O - It is reproduced required to administration also to supervise.
• Municipalities emitting licenses of operations in what typically organizes itself in conjunction with the municipality, emitting the said authorizations along with required physical space.
• License for operation is referred to temporal operations (service, business).
• Licences differ in nature to operations depending on what the administration relates to the private party in sales, such as that in a night center when selling drinks, what includes carence for the supervised administrative effects which can be rendered void.

Legal Framework and Procedures

• A concatenation needs locating, between the state's authorization and what is in the working license.
• The utility of classification is from the theoretical sense but also on practice.
• Joint outlines relating from different sectors.
• There’s a common regimen pertaining to the authorizations, where transversals give what is specific about the juridical rule.
• Licensing regime gives one that is common through the need of a common self requirement that has a previously authorized, and subsequently is in accordance with regulatory steps.
• Reading what came before is important pertaining on what is to amend the administration, mainly its triptics.
• Later on there’s actions of process that can be done.
• Receptions of documents become reviewed in their discretionary action, what can be subject a regulated contrary of what the whole is contrary to.
• Then there’s a phase to be undergone to have as a regime act to grant where the general interest may be opposed opposed with the particular regarding health under administrative legal act like operation acts but not of authorization. That said act declaration the legal terrain, which can inclusive cause harm from acts against nullity and acts of condemnation.
• The administrative resolution can be a silence.
• The general regime is negative or dismissive in the federal district.
• In the case of recognizing the possibility of positive silence than the exceptions grant the what it is.
• The law anticipates the emmittance of the silence certificate.
• What against a negative, it is necessary to not resolve through recourses of admo, while denouncing the nullity before TJA mainly through receipt of a document or request also mainly mentioning the deadlines with what is transferred, with responding to whatever extent after applying litigation..

Transmissibility of Authorizations

• Transmissibility is an important classification of REAL, PERSONAL, AND MIXED licenses.
• What isn't personal is real in what regards the law, with real being a general regulation in administration with exceptions where that is personal is in the license to sell alcohols.
• L, Py A get a common denominator in general rules of Transmissibility where that if there are characters, than what the authorities can demonstrate are not transmissible but rather that what are real may be transferable with law is not considered.

Identification techniques

• Identification of personas fisicas.
• Acta constitutiva of personas morales.
• Conditional techniques dont weight requirements, or is what is merely of what is of similarity.

Extinction of Authorizations

• Comply
• Resign
• Can be revoked by regulations when new things can enter, what can re classify them or to be emitted.
• Change in how conditions might have occurred.
• Altering territory the licence being in AP can have perils for the social issue.
• Standards of appreciation are new
• It may be possible that arbitrariness in argumentation is due to discretionary powers.
• The appointed failure
• Sanction or failing for having an act against it from the action.
• Justice is considered just: there is a punitive action that is administered and it serves against the particular in the form of a act, that is an police act
• There can be a criminal admo law
• There can be expropriation
• A preventing action that is given that the action is carried.

Conduct and Enforcement

• Lesiva conduct is an conduct carried as a right to cast.
• Ius puniendis find itself on the foundations of 21 Constitution known as juridical guarantee that administrative authorizes the exercise its power limit
• Delitos is the way those are named there.
• The law that is administered
• the necessity: those those laws are of course administered public polices, DAS, expropiacion, foment which come in the Luis Joranda teoria
• there can be also a administrative sanctions

Administrative Infractions

• Against how authorities function
  • Conducts by authorities against that are known as illegal.
  • the building in queretaro it is written that a sanction will carried if construction it will not be authorized from the right authority.
• Against that regulate the order of society.
• What is the risks to all for that is on the order of the constitutional society
• Power also what can be exercised as the power and sanctioner.
• It is a power what has description

Compliance

• As far into the enterprise is understood to be ensuring the constitution for the most safety juridical
• Is what exists prevention and what is against the powers
• Administrative matter it be what is for safety.
• there is the protection of the citizens, and as what it goes the essence is to protect against each of them and guarantee them
• 29 constitutional refers guarantee that is agains the citizen
• States when on a mechanisms it has to be a family it is a necessity of not just assistance is created for instance for protection of minors.
• Legal legislation each is securing in matter preventative that is the sanction of authority.
• DAS

Due Process

• Case against public servants in relation guarantee process before.
• Limiting the authorities
• In the 70 juridical security arrived in that the authorizations are validated the right for problems when simple as a clausura in an authority with subordination, limits towards a revocation of an amparo, the Congress secure legal observance for authority
• What is from the authority it is in with itself and what it has the function to enforce
• Juridical powers are disusorias with due process with a sanction can be over the measures

Act

• The way material with that one that can generate to give a administrative act that is on what the other acts.
• Legal power directive with legislative with a legal
• Article 3 has an legal administrative
• Violations in tax disposicion it is where employed officials.
• What is said article 46 in fraccion 4 and 48 on code

Violations

• Diferencia is that between against and crime
• The sentence to delitos where it is species
• Securities give to raise procedures
• Is in the safety procedure
• The ablatoria is put by the act of the government is where security with is federal article which comes 2.

Special Regulations Under the law

• There is a federal regimen for special law from the law of admin.
• The power is to be by means a notification or a visiting and will come where the acts have the value of a temporary of how the acts dont give the safety is what its required of a crime
• What one can be found to be on a general regimen for is what it the is with a is special.

Requirements of the inspection.

• As an example it be the domicile
• seals its a molestive action that should be taken for those act.
• Ordinario are what can be taken from the habiles Extraordinaries should be done

Checks legal.

• With signature.
• zone
• What is the objective in the visits.
• Its a time that can be exceeded there an impugns.
• Authority also
• To get authorization. to look the requirements that the legal says

Documentation

• Presentation with someone authorize.
• Make a review what is of that document there there would 2 that the signing.
• There a inspection with a order to a signing under that the act must have its effects.
• If the original can not be authorized or if it does not show than it can be what the signer said no with a copy.
• Always have safety that you can appeal or do the actions that should get the thing cautelar act
• there will