Understanding Key Government Roles and Legal Procedures
State Secretary and Deputy Minister
These are the organs directly under the minister. The secretaries are responsible for the coordination of specific matters of the ministry, the Undersecretariat, and internal inspection.
The Secretary of State is a minister in their secretary, performing the same functions as the minister in their government department. The number of secretaries depends on the volume of assets managed. In every ministry, there is an Undersecretary of State in charge of the unit staff in the state and communication with other ministries.
Legislative Assembly
The constitution provides autonomy to all and requires a representative body of citizens (chosen through elections). This body is called the Legislative Assembly in the constitution and holds the legislative power of the autonomous region. Their functions are:
Enforcing Legislative Protest
Responsible for approving regional legislation, which can only be on matters within its competence. One of the laws passed by the assembly is the budget.
Controlling the Executive
For the government of the autonomous region, the advice is what manages revenue and authorizes expenditures.
Appointing the President of the Autonomous Region
Administrative Silence
When a person, either natural or legal, is pending resolution from the administration, and if the administration does not resolve the procedure in time, the law creates the figure of administrative silence. The interpretation of administrative silence can be positive or negative.
Assumptions in Silence Outside of Positive Applications
- Applications for licenses and permits, installation, relocation, or expansion of companies or establishments.
- Applications for the grant of which would enable the exercise of existing rights.
The remaining applications will be considered negative silence.
Assumptions of Negative Administrative Silence
- When the procedure involves the exercise of the right of petition.
- Silence in the resolution of appeals and complaints.
Phases of the Contentious-Administrative Proceeding
Interposition
The applicant explains to the court the contested act, the documentation to prove to bring an application, where if it is economic in nature, the amount is specified. They claim the administrative record from the administration. In the case of legal persons, necessary documents are credited.
Admission and Placement of the Defendants
Once all documents are received, they will be published in the Official Gazette.
Claim and Defense
The defendant and plaintiff produce two written documents (the demand is written in which a request is made). The demand is transferred along with the dossier to the court. The defendant may, in turn, bring an action response.
Hearing and Conclusions
After presenting the relevant writings, the parties are cited to the hearing, where their conclusions are formulated.
Termination
The decision of a tribunal is called the sentence and can be:
- Resource Estimate: The act is contrary to law and is set aside.
- Dismiss: Rejecting the requests of the applicant, and the administrative act that is used is effective.