Principles of Administrative Litigation Process and Impugnable Administrative Actions
This video explains the principles of administrative litigation process and the types of impugnable administrative actions.
00:00:00 The video explains the principles of administrative litigation and their application in legal cases, including integration, procedural equality, process favorability, and official substitution principle.
🔑 The video discusses the key principles of administrative litigation process.
👥 One principle is the equal treatment of all parties involved in the administrative litigation process.
📚 Another principle is the integration of administrative law principles when there are legal gaps or deficiencies.
00:02:30 The principles of the administrative litigation process are explained. These include favoring the process, not rejecting a demand due to uncertainty about prior administrative actions, and the judge's obligation to address formal deficiencies in a reasonable time.
🔑 The principle of favorability in the administrative litigation process states that the judge cannot reject the lawsuit outright in cases where there is uncertainty about the exhaustion of the previous administrative procedure.
🔑 If there is doubt or unclearity about the exhaustion of the administrative procedure when filing an administrative litigation lawsuit, the principle of favorability allows the judge to admit the lawsuit and determine during the process if the previous administrative procedure was exhausted or not.
🔑 The principle of officious supplementation requires the judge to correct any formal deficiencies made by the parties in a reasonable timeframe, without rejecting the administrative litigation lawsuit outright.
00:05:02 Learn about the principles of administrative litigation process and the types of impugnable administrative actions in this concise summary.
📚 The judge must apply the principle of suplencia de oficio when there are deficiencies in the administrative lawsuit demand.
⚖️ There are six types of impugnable administrative actions in the contencioso administrativo process.
💼 One example of an impugnable administrative action is the resolution issued by the local government.
00:07:34 The video discusses the principles of administrative contentious proceedings and how any administrative declaration, not just administrative acts, can be challenged. It also explains the importance of being aware of the different types of administrative actions that can be contested.
📜 The video discusses the principles of administrative litigation process.
🔍 Not only administrative acts, but any other administrative declaration can be challenged in the process.
🔒 Examples of administrative acts include reports, memoranda, and letters.
00:10:18 The video discusses the impugnability of both positive and negative administrative silence, as well as the concept of administrative inactivity. It also mentions that administrative inactivity can give rise to a contentious administrative process.
🔍 Both positive and negative administrative silence can be challenged.
💡 Administrative inertia, which refers to the non-compliance with the law or a firm administrative act, can lead to administrative litigation.
📝 Any administrative omission, such as the failure to provide a public service, can be considered as an act subject to administrative litigation.
00:12:50 The video discusses the principles of administrative litigation process, focusing on impugnable actions and material actions that do not have administrative acts to support them.
📝 The video discusses the three types of impugnable actions in administrative litigation.
🔍 One type is the 'actuaciones materiales' which are lawful actions that form part of the execution of administrative acts.
❌ However, 'actuaciones materiales' become impugnable when they are performed without proper administrative authorization.
00:15:22 Summary: This video discusses the principles of the administrative litigation process and different types of actions that can affect administrative acts.
🔑 Vías de hecho refer to actions that go against the legal framework.
💼 Actuaciones materiales, even when based on administrative acts, can violate principles and norms in execution.
✏️ Actuaciones materiales can be challenged when not based on an administrative act or when they affect principles and norms in execution.
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