Administrative Acts: Effectiveness, Validity, and Notifications

Posted on Nov 2, 2024 in Law & Jurisprudence

Administrative Acts

Shape

Art 55. 30/92

  1. Administrative acts are generated in writing unless their nature requires or permits a better way of expression and constancy.
  2. In cases where administrative bodies exercise their competence verbally, a written record of the act must be made, when necessary, and signed by the member of the lower body or official who receives it orally, stating the authority from which it comes. For resolutions, the holder of the competition must authorize an account of what was delivered orally, showing its content.
  3. When required to issue a series of administrative measures of the same nature, such as appointments, concessions, or licenses, they may be consolidated into a single act, agreed upon by the competent authority, specifying the persons or other circumstances that identify the effects of the act for each stakeholder.

Effectiveness

Art 57. 30/92

  1. Acts of the government subject to Administrative Law shall be presumed valid and effective from the date of delivery, unless otherwise provided therein.
  2. Effectiveness will be delayed if required by the content of the act or if it is subject to notification, approval, or publication.
  3. Exceptionally, retroactive effect may be given to acts replacing canceled events and producing positive effects for the person concerned, provided that the necessary factual circumstances already exist on the date to which they refer, and the act does not harm the rights or legitimate interests of others.

Validity and Invalidity

Invalid Acts

Void Acts

Art 62. 30/92

  1. Acts of public authorities are null and void in the following cases:
    1. Those which adversely affect rights and freedoms subject to constitutional protection.
    2. Those dictated by a body manifestly incompetent by reason of the subject or territory.
    3. Those with impossible content.
    4. Those that constitute a criminal offense or are issued as a result of one.
    5. Those dictated in disregard of legally established procedures or rules containing essential rules for forming the will of collegiate bodies.
    6. Those expressing acts contrary to law by which powers or rights are acquired when lacking the prerequisites for their acquisition.
    7. Any other expressly stated in a legal provision.
  2. Administrative provisions that violate the Constitution, laws, or other senior administrative rules, govern matters reserved to the Act, and establish the non-retroactivity of penal provisions (favorable or restrictive of individual rights) will also be null and void.
Voidable Acts

Art 63. 30/92

  1. Avoidable acts are those guilty of any violation of law, including the misuse of power.
  2. However, a defect of form only determines the end when the act lacks the formal requirements necessary to achieve its purpose or would lead to the helplessness of stakeholders.
  3. Conducting administrative proceedings outside the set time only involves nullity if imposed by the nature of the term or period.

Acts Not Revocable

Conversion

Art 65. 30/92

Void or voidable acts containing other constituent elements will produce different effects.

Conservation

Art 66. 30/92

The court declaring nullity or annulment must always conserve acts and procedures with the same content had the offense not been committed.

Recognition

Art 67. 30/92

  1. The Administration may validate avoidable acts by remedying their defects.
  2. Recognition takes effect from its date, except as provided for the retroactivity of administrative acts.
  3. If the vice consisted of incompetence, validation may be conducted by the competent body superior to the one that issued the flawed act.
  4. If the defect was a lack of authorization, the act may be validated by granting it from the competent body.

Publication

Art 60. 30/92

  1. Administrative acts shall be published where provided by the rules governing each procedure or for reasons of public interest assessed by the competent body.
  2. Publication must contain the same elements as Section 2 of Article 58 for notifications. The provisions of paragraph 3 of that Article also apply.
  3. Publications of acts with common elements may be published jointly, specifying only the individual aspects of each act.

Notification

Art 58. 30/92

  1. Stakeholders will be notified of decisions and actions affecting their rights and interests, as provided in the following article.
  2. All notices must be sent within ten days of the act’s passage and contain the full text of the resolution, indicating whether it is final, the resources available, the body for submission, and the deadline for appeal, without prejudice to other appropriate actions.
  3. Notifications containing the full text but omitting other requirements take effect when the applicant performs activities demonstrating knowledge of the decision’s content and scope or takes any appropriate action.
  4. Without prejudice to the above, and solely to fulfill the notification obligation within procedural durations, a notification containing at least the full text of the resolution and proof of attempted notice is sufficient.

Art 59. 30/92

  1. Notifications will be practiced by any means with a record of receipt by the applicant or representative, including the date, identity, and content. Notification accreditation shall be filed.
  2. In proceedings at the applicant’s request, notification shall be executed at the designated place. If impossible, at any suitable location and by any means in paragraph 1.
  3. Home service may be delivered to any person present and identified. If no one is available, this will be recorded, along with the date and time, and repeated once within three days at a different time.
  4. Rejection of notification will be recorded, specifying the circumstances, and the procedure will continue.
  5. When those interested are unknown, their location or suitable notification means are unknown, or attempted notification is unsuccessful, notification is made via notices in the City Hall bulletin board, last known home, the Official Gazette of the Autonomous Region or Province (depending on the Administration and its territorial scope). If the last address is abroad, notification is via the Consulate or Embassy bulletin board.
  6. Public administrations may establish other complementary notification forms, which do not exclude the obligations in the preceding two paragraphs.
  7. Publication replaces notification in the following cases:
    1. When the act addresses unspecified persons or if individual notice is insufficient to ensure notification to all (in the latter case, in addition to individual notification).
    2. For acts of an elective procedure or competition. Notices of proceedings shall be on the bulletin board or media used for successive publications; those in different locations are invalid.

Indication of Notification and Publication

Art 61. 30/92

If notification by advertisement or publication might affect rights or interests, the competent body may publish a brief indication of the act’s content and where interested parties can access the full content within a set period.

Instruction and Service Orders

Art 21. 30/92

  1. Administrative authorities may direct the activities of hierarchically dependent organs through instructions and service orders. These may be published in the official newspaper if a specific provision requires it or if deemed advisable due to recipients or potential effects.
  2. Failure to follow instructions or service orders does not affect the validity of decisions, subject to disciplinary liability.