39/2015 - CONSEJOS para resolver SUPUESTO PRÁCTICO ADMINISTRATIVO 3/3
Introduction to Practical Cases
In this video, the speaker discusses practical cases and focuses on the topics of nullity, annulment, and validation. The theory behind these concepts is explored, along with common questions related to their application in practical cases.
Nulity of Pleno Derecho, Annullability, and Validation
- The speaker explains that practical cases often involve situations where a decision or regulation is made by an incompetent authority or without following the legally established procedure.
- Examples are given, such as when the Ministry of Education issues a general provision on a topic unrelated to education, which would be considered null and void.
- Nullity can be based on material incompetence or territorial incompetence.
- Questions in practical cases may ask whether an act is considered null or annullable.
- Infringements of procedure or abuse of power are considered annullable.
Convalidation
- Practical cases may present scenarios where there is a procedural infringement but convalidation is possible.
- Two options for convalidation are provided:
- If the defect lies in incompetence that does not determine invalidity, it can be validated by a competent authority who holds higher hierarchical position.
- If there is a lack of authorization in any resolution within the procedure, the necessary authorization should be obtained to proceed.
Subsanation and Improvement
- Article 68 allows for the correction and improvement of applications that do not meet requirements during or after the procedure.
- The interested party is given ten business days (extendable up to five additional days) to provide missing documents requested by the administration.
Conclusion of Administrative Proceedings
- Article 114 plays a crucial role in practical cases as it determines who has the authority to conclude administrative proceedings.
- Administrators without hierarchical superiors, government members including ministers and secretaries of state, directors-general in personnel matters, and subsecretaries have the power to conclude administrative proceedings.
The Importance of Article 114
This section emphasizes the significance of Article 114 in practical cases and highlights the key individuals who can conclude administrative proceedings.
Identifying the Authority
- It is crucial to identify the entity responsible for resolving the procedure at the beginning of a practical case.
- By identifying this authority, it becomes easier to determine if they have the power to conclude administrative proceedings.
- Individuals such as administrators without hierarchical superiors, government members including ministers and secretaries of state, directors-general in personnel matters, and subsecretaries can put an end to administrative proceedings.
Subsecretary's Role
- The subsecretary is responsible for handling various personnel matters and holds a higher rank than directors-general.
- Resolutions made by the subsecretary put an end to administrative proceedings.
Roles and Procedures in Administrative Appeals
This section discusses the roles of different individuals in administrative appeals and the importance of identifying the correct procedure.
Identifying the Competent Authority
- The first step is to determine who is competent to resolve the appeal.
- It is crucial to establish whether the appeal puts an end to the administrative process or not.
Types of Appeals
- Depending on whether the appeal puts an end to the administrative process, different types of appeals may be available.
- Common types include "alzada" (hierarchical appeal) and "potestativo de reposición" (optional reconsideration).
Filing an Appeal
- Once it is clear which type of appeal is appropriate, it is important to know where to file it.
- For hierarchical appeals, it can be filed with either the same authority or a higher authority.
- Optional reconsideration appeals are typically filed with the same authority that made the decision.
Approaching Practical Cases
This section provides guidance on how to approach practical cases in exams or real-life situations.
Steps for Analyzing a Practical Case
- Read and understand the case carefully.
- Identify the type of administrative procedure involved (e.g., application, sanctioning).
- Determine who has initiated the procedure (applicant or ex officio).
- Establish who has competence to resolve and whether their decision ends the administrative process.
- Consider possible types of appeals based on whether it puts an end to the process.
Importance of Proper Identification
- Accurately identifying key elements from the beginning helps avoid mistakes later on.
- Incorrectly identifying competent authorities can lead to multiple errors throughout a case.
Conclusion and Exam Preparation
This section concludes the video and provides advice for exam preparation.
Recap of Key Points
- The video emphasizes the importance of correctly identifying administrative procedures, competent authorities, and types of appeals.
- It is crucial to understand the relationship between these elements to effectively analyze practical cases.
Exam Preparation Tips
- Practice identifying different administrative procedures and their corresponding appeals.
- Review relevant articles and regulations related to administrative law.