Sistema Judicial Mexicano

Partial 1

• Tribunal superior de justicia del Estado de Querétaro hears cases related to Mercantile, Civil, Familiar, Penal, Electoral, and Administrative law, as well as Special Constitutional local matters
• Issues without requirements in a flawed administrative act are resolved through a nullity trial
• Local amparos (protective remedies) may be produced
• The Poder Judicial Federal (Federal Judicial Branch) includes the SCJN (Supreme Court of Justice of the Nation), the Consejo de la Judicatura Federal (Federal Judiciary Council), the Tribunal Electoral del Poder Judicial de la Federación (Electoral Tribunal of the Federal Judicial Branch), and Tribunakes colegiados (Collegiate Tribunals)
• Tribunal De apelación (Appeals Tribunal), Tribunal Colegiado de circuito (Collegiate Circuit Tribunal), and Tribunal De distrito (District Tribunal) are different levels of courts
• Federal authorities, such as the Secretaría de Hacienda (Secretariat of Finance), have desconcentrados (decentralized entities) like the SAT (Tax Administration Service) and have intermediate levels, and levels below those.
• Administrative law encompasses many areas and is present in all public law

Obligations and Powers

• Administrative law grants obligations and powers to the administrative body to fulfill its duties
• The Comisión de Competencia Económica (Economic Competition Commission) reviews companies and their holdings concerning prices and may order a company to sell shares or compensate for damages resulting from a monopoly
• There's a coordination issue between public administration and public finances, exemplified by cases of resource diversion to public education to sway individuals with the public policies of adversaries
• Budget design differing from the National Development Program formalizes operation rules
• Any action derived from these can be administratively annulled

Administrative Matters

• The matter of gender is considered an administrative matter, impacting various sectorial areas
• Each sectorial area contains a normative aspect, referencing codes like the Código Fiscal de la Federación (Federal Fiscal Code), laws on agricultural development, and health laws
• Transversal regulations define the legal regime of administrative authorities e.g. LFCA (Ley Federal de Competencia Económica - Federal Economic Competition Law) and LFPContenciosoAdministrativo

Constitutional Basis

• Article 124 of the Constitution specifies what Congress can legislate
• Article 89 dictates the executive adheres to federal laws
• Article 73 grants state and municipal organization the regulatory power to legislate what is unspecified in articles 73 and 124
• Article 115, section 3, tasks the municipality and its ayuntamiento (city hall) with ample faculties, giving a broad framework for action

Legal Challenges

• State and municipal actions are challenged in the state administrative justice tribunal
• Federal actions are challenged federally concerning administrative acts

Police Activity and Order

• Police activity involves intervention faculties within specific juridical sphere
• Exercised when individuals position themselves to allow such faculties
• Often limits liberties under sanctioning administrative law
• Relies on the individual's position, where authority typically acts based on public utility causing the authority to be the main actor
• Police conduct is developed through intervention faculties in a juridical sphere

Intervention Faculties and Techniques

• Relate to control and maintenance of public safety
• State control, specialized since France 200 years ago which was established back in Babylonia
• Nowadays, the Sedena, the Marina, and the Guardia Nacional (National Guard) and local citizen security, civil protection, and public safety entities
• The SAT monitors tax evasion and money laundering, requiring oversight of the lawful origin of financial resources

Classification of Intervention

• Focuses on gathering information
• Involves techniques where regulations mandate individuals to provide information to authorities
• Used for administrative management, planning, and designing public policies
• Of Identification:
  • Entails guarding documentation or information for sharing with authorities, like fiscal information
  • Identification of natural persons (personas físicas)
  • Identification of legal entities (personas morales)
• De Deberes Formales y Documentales (Of Formal and Documentary Duties)
• De Deberes de Comunicación (Of Communication Duties)
  • Law compels individuals to inform authorities of facts or circumstances known to them due to their activities

Conditioning - Limitantes

• Serve as intermediaries which limit actions when non-compliance isn't severe
• Proving competency via homologation of titles as per the Ley Federal de Profesiones (Federal Law of Professions)
• Law is abstract and varies across environments or matters so homologation differs and needs a transversal approach
• Certifications are conducted via accreditation by the CIIES which authenticates assertions by competent entities
• Professsional freedom is needed so that it is favorable for training
• Comprobación (Verification)
  • Declaración inicial de actividad (Initial declaration of activity)
  • Mechanisms that the law anticipates for individuals

Authorization Techniques

• Licenses, permits, and authorizations are declarative, and concessions are constitutive
• Extra requirements or discretionary evaluations may be needed
• Ordenación (ordering) or police activity is part of the administrative activity of public authorities
  • It is a conditioning labor based on private entities behavior
  • Reserves the generality for legal purposes and specification
  • Considers information techniques (less incisive) and ablatory techniques (more incisive)

Authorization of Legal Exercise

• Authorization of the legal exercise of an activity via examination conducted by the Administration
  • Determined by legal prerequisites
  • Appropriateness of activity in the general interest
• A license, permit, or authorization follows a common process: application, law requiring prior authorization, and regulation steps
• Legal certainty is established through clear resolutions with motivations and timelines

Santamaría Pastor

• Certain potentially harmful activities are subject to administrative acts of verification and declaration
• Distinguishes between authorization (declaratory nature) and concession (constitutive act)
• Effective control is preventive, balanced between preventive control and deregulation
• Discrecionalidad (Discretion) weakens the idea of pre-existing rights
• Arbitrariedad (arbitrariness) is acting outside the law

Exercise Discretion

• It weakens pre-existing rights over authorizations
• Market regulation affects not only pre-existing rights but constrains the entire market
• A state with intense regulation triggers businesses to flee
• Solidifies the legal standing of the Administrado (person being administered)
• REGLADAS Y DISCRECIONALES (Ruled and Discretionary)
  • Conditioning normative los Requisitos de ejercicio de actividad - comprobación (conditioned norms of requirements for the exercise of activity - verification)

Ablatorias

• Expand passive situations and reduce active ones
• Implies that Passive situations can be pecuniary and personal such as social or military service, or circulation in some scenario
• Active reductions can be total or partial, affecting property or rights
• The law may foresee affecting or reducing the active situation or patrimony
• The element of time is especially considerate

Initial Control

• It is negative control with not harm
• There are some activities with temporal provisions that automatically renew with a small procedure that would allow some changes or alterations
• Licences tend to reproduce due to the requirement that supervision supervise due to something occurring in the present
• Licences of operation tend to occur during atypical events and tend to occur in a co-ordinated manner with city hall, by issuing permits for physical space by the city hall

Operation and Funciton

• Differences are dependant and in relation to objects and nature
• The different is to combat each one
• Usefulness is the classification isn't just theoretic but practical

Juridical System of Administrative Authorities

• Common layouts when authorizing in various different sectorial norms
• There should be standards regarding authorizations amongst sectorial norms, because those are transversal and will create transversal parameters, and also create the juridical regime.
  • Otorgamiento

Requisites of an Authorization

• The grantor must want a licens, permit, or authorization through a common process that involves self mutual request
• There will be further a law must allow for authorisation, and certain requirements must be followed to by the rule

Reception of Documents

• The server/authority will evaluate in a discetionary manner the received documents and will evaluate them
• There has to be an act of granting which opposes the general public interest and the individual health and a ruling will be conducted
• Act of volition should be favourable for any individual wanting to expand legal standing, which includes nulity and payment

Request to Undo an Act

• A act can be requested to suspend its resolution which may lead to a potential outcome
• There needs to be a term period on a positive or negative ruling to which the authorities neglect, but the authority needs to release
• Silence means no
  • Negative or desestimatory functions in the federal district
  • In recognition of the possibility of positive silence with exception, silence can imply grant

Trasnmisibility

• Importance of if the authorization is real or personal
• What is not personal is real, but in admin it is real with expection to personal
• The L, P, and A (Lincence, permits and authorizations) will first be personal (granted due to people with attributes) will be non-transmissionable, if real (linked due to the character) there will be a transmision except for the laws that will prevent it

Third Point

• There can't be juridical issues that coexist concerning authorities and particles that solicite authorized activity

Techniques for Identification

• Natural persons (Persona fisicas)
  • Curp - Personal ID
• Moral personas (Moral people)
  • Acta constitutiva (Acts of conctitution)
  • Número patronal (patron number)
  • These figuers are similar when considering technitiues for conditioning with a difference of is a lack of consideration but there is a comprobation with similarites

Normalizations

• Communication must occur or declarations so that any further steps can be conducted
• There has to be previous registrations

Extinction

• Cumplimiento (To comply)
• Renuncia (To resign)
• Revocación (Revocation)
  • Normativas (Normative)
  • Retoractividad en perjuicio (Retractivity in prejudice)

Change of Circumstances

• If any redistribution of uses of soul and changes to the circumstances lead to social, a licence has to be revocad
• Potential arbitrary for the argument due to discrecional
• Incumplimento del titular
• Imposicion of infraction
• It happens as what refers to punitive admin activity that can impose a sanction

Administrative Justice

• There are administrative sanctioning rights and penal administrative right
• Este tipo de actividad de la administracion, se lleva a cabo para prevenir... (Admin activities have to conduct with the goal of prevention)
• It could be actions against normal coexistence and it is regulad through good management with the community that emits this

Sanctioning Admin

• Conducts like legal support to where it give direction to administration
• Due to state actions the ability to be conducted for conduct for the comission of a legal infraction
• The fundamental constitutional expressions of "iis puniendi" are found

Types of Administrative Infractions

• Against the authorities
  • Behabiors against how these can happen with the legal foundation
  • A Qretaro construction has mentioned if extra constructions are built will cause an infraction if the legal permission hasn't bean issued
• Contra el funcionamiento de las autoridades administrativ (Contra-interferene to activities)
  • Conducts determinad that could attempt for that function of a state and they could have negative affect as the construction did, which is an infraction
  • Fundermentaly there should be power that functions correct
• Compliance in businesses are mechanism to confirm the construction will be insured
• El 29 de constitucion refers to legal guarantee for any individual towards

Admin Sanction

• Legal orders and can be processes under admin
• Organs of functionalizing
• Article 89, 21 y 22 is to limite them and allow security that there cant be any contraddictions for the functions that it does
• Admin and that authority can allow simple closure if there are limits and sanctions can be used against any that will ignore this

Disuasorias

• Authority is not a full one with the jurisprudencia
• Tribunals, disciplinary and other means is something done in order to allow and have a system
• Formal and matter will both depend on the act of admin

Difference Between Infraction and Delicts

• Some could be a pecuniary one due to the exception with 458 de LGS

• Measurement to security constitution and it allows for some to rise a procedure

• Technique of intervention that can be used by admin to allow security, with some exceptions to legal procedure.

General Regime

• Surges from faculty of police from administation that can verify or visit, and then later a report from the administration allows it for future plans

Requisites for Inspecting

• Domiciliary visit can be the example for some inspections that will verify in the fiscal domain:

Types

• Ordinaria en días y horas habiles (Regular in work or hour days)
• Extraordinarias en cualquier momento pueden ser dictadas (Extraodinary can occur at anytime)

Verifications

• Requisites can be 1. wriiten 2. Autograhed, signature 3. Lugar is in relation or hour 4. Object of the visit 5 the reach 6 disposition that legal support

• The document is there, and can be showed so that the verificator has a Identification so that it has been issued

Order of Inspection

• There must be a mentinion so that the event is circonstanciada with some witness so that the occurance will be documented
• An act can be considered that will have some witness and docuemnt to approve a sanction, with legal justification

Police Activities

• There considered some techniques that are ablatorias

Our Private Property

• Has constitution basis and has been a aspect of the soviet bolhevique
• It is a mechanism so that the estate is used and the case is to be used for common causes through a indemnización (indemification)

Characteristics

• Meassurement in which democracy protects the rights
• State that is in compliance with the law
• Law of exprociation
• Elements can be that the authorizies have proper power over the properties indemnizacion and that the utility as a common one

The Point of Apropriatoin

• It may relate an that the admin has power, through constitutional support but it could be considered autoritario (dictatorial)

Mecahnism Of Adquestion Power

• Differ from safety, since its time, and the decominsion will be definitive
• Some modes require a part of a body and that entity it is there, but in its proper law
• An equis is there and that to aquire properties from residue

Requisition

• This done due cases related to war, with indemnazion
• Exxception of warranty
• To benifit the military. a authoritie by Admin can do this
• It happens from the 19th Century for adminstración Publica activity The public authority is the one that can dictate it

Activity Material

• They are a type of intermediate power where their goal is to not confusion can be created and to act with legal intervention
• There a intent in the material work with a conjunto and can act to get back a power/right from something wrong

State Function

• It a intervention it should only occur by action from the state
• A licen is given when a authority dictates in itself and that the authorizaties can force itself due to the neccesaries
• An incentivacion would be from the intent to restore and action and be something for the well
• Some liberal country like Scandinavian give a subsidizing mothers
• Those are incentives to where people agree for those to be done and they have to work with the state

Objectives

• To differ from those that that could be manipulated that would only benefit authorities and would create cltience

• To undestand the main function, you have to understand their is a adminstración Publica (publi authoritorities)

• Their needs to be a oblgacacion for collaborations

• Have a progressive noción toward the company

• The power give success