Key Principles of Administrative Procedures in Chile
Key Principles of Administrative Procedures
The Drive Principle and the Principle of Speed
The principle of speed, also known as the drive principle, compels authorities and officials within the Central Government to act on their own initiative. This applies to both the initiation and continuation of administrative procedures. They must expedite procedures, adhering to deadlines and removing any obstacles that might hinder a prompt and proper decision. As stated in Article 7 of Law No. 19,880, “the procedure, subject to criteria of speed, will be encouraged by law in all its procedures.”
The process is driven from the office during its processing. This means that authorities and officials must take necessary actions to initiate proceedings where appropriate and, in any case, pursue them with expedited procedures. They must meet deadlines and remove any obstacles that might affect a prompt and proper decision. They are required to take all measures within their power to terminate the proceeding, including providing necessary evidence, even if the involved party is reluctant to contribute.
The Principle of Conclusiveness
The principle of conclusiveness in administrative procedures means that the Administration intends to make a decision, ruling on the merits and expressing its will. It is a manifestation of the drive feature of the procedure and reflects the principle of efficiency that should govern the activities of administrative agencies.
The Principle of Impartiality
The principle of impartiality is a right guaranteed by the Constitution. The State must respect equality before the law. Impartiality is a functional policy of administration, ensuring that it acts in all events with objectivity, neutrality, and integrity, both in determining proceedings and in the decisions it makes.
The Principle of Abstention
The principle of abstention is a realization of the principle of administrative probity. This principle prohibits authorities and officials from participating in decisions where they may have a personal interest in the outcome or any other circumstance that could detract from their impartiality. Compliance with the obligation to refrain, whenever an official or authority has an interest in the outcome, is a necessary condition for the principle of impartiality.
The Principle of Contradiction
The principle of contradiction, also known as the adversarial principle, is defined in Article 10 of Law 19,880. It states that “the parties concerned may, at any time during the procedure, argue claims and produce documents or other evidence. They may also claim processing defects, such as those involving paralysis, violation of the prescribed period, or the omission of paperwork that can be corrected before the final resolution of the matter.”
This principle incorporates the principle of a hearing, a requirement of due process in administrative proceedings. It recognizes the right of the concerned person to be a part of the process, which includes the right and even the obligation to:
- Be heard
- Give reasons or evidence
- Be advised and represented by counsel
- Have a founded decision
This principle provides individuals with the ability to be involved in the development of administrative decisions that affect them.