Administrative procedure, objectives and goals to achieve
The administrative procedure may be preceded by previous actions to know the circumstances of the case, without being able to exceed 6 months, without penalty that the exercise of the sanctioning or determining power is expired (arts. 175 and 179). (Castañeda p. , 2018)
Eduardo Ortiz, Costa Rican jurist, granted the following definition on the administrative procedure:
“[…] It is the set of preparatory acts concatenated according to a chronological and functional order, to verify the existence of the public need to satisfy and the facts that create it, as well as to hear the possible affected and spokesmen of related interests,both public and private, especially the latter, in order to form the decision in the manner that best harmonizes them with the public purpose to be fulfilled.”(Ortiz., 1981).
Professor Enrique Rojas Franco states that “due process is, a formal guarantee for the administrator because all procedural acts and/or phases that the law requires so that a decision or resolution can be qualified as validity of the legal system must be fulfilled". (Franco, 2011)
He also comments that in a power plane, "due process grants the" guarantee "that he can assert his rights in the field and scenario of the administration. Due process not only remains in a formal guarantee of the development of the procedure, but also requires a material control that verifies the content of a decision that adheres to the values and principles on which the legal system is structured.”(Franco, 2011)
The well -known previous actions constitute a preliminary administrative action with this, it is about demonstrating whether "cousin facie" can be considered that there is a forceful base to open the sanctioning procedure.
In Ecuadorian legislation we find the COA in the second title, in the first chapter with previous actions.
In article 175 he describes that: "Any administrative procedure may be preceded by a prior action, at the request of the interested person or ex officio, in order to know the circumstances of the specific case and the convenience or not of initiating the procedure"(Administrative Organic Code, 2017) that is, the complete knowledge of the facts is precaution before creating a wrong idea of the case.
Without ignoring the following article in which: “Administrative procedures aimed at establishing responsibilities of interested parties, including the sanctioning procedure, previous actions will be established, with the greatest possible precision, the ideal facts to motivate the initiation of the initiation of the initiation of the initiation of theAdministrative procedure, the identification of the person or people who may be responsible and the relevant scenarios that help in each other ”(Organic Administrative Code, 2017) focuses on the fact that due process is fulfilled.
Regarding the competition, it is spoken: “Only the competent bodies may dispose of the investigation, investigation, audit or inspection in the matter. Previous actions can be executed by direct or delegate management, in accordance with the law ”(Organic Administrative Code, 2017) this to avoid confusion and therefore avoid delays in the process.
In our legislation we find several concordance for example in the Constitution of the Republic of Ecuador in which: “The institutions of the State, their agencies, dependencies, the public servants or servants and the people who act under a state power will exerciseOnly the powers and powers attributed to them in the Constitution and the Law. They will have the duty to coordinate actions for the fulfillment of their purposes and make effective the enjoyment and exercise of the rights recognized in the Constitution."
Also in the Statute Administrative Legal Regime Executive Function, (Art. 8) in which it deals that: “Public administrations, in the development of their own activity and in their reciprocal relationships, must respect the powers of the other administrations and provide, in their own competition, the cooperation that others collect for thefulfillment of its purposes.
Continuing with the COA in the process of processing as a conclusion of the previous actions it is observed that “a report will be issued that will be informed of the interested person, to express their criteria in relation to the documents and the preliminary findings, withinThe ten days after their notification, which can be extended for up to five more days, at the request of the interested person.”(Organic Administrative Code, 2017) Which assures us whether or not it is pertinent for the procedure.
It is also manifested in the second subsection with: “When the Public Administration considers that the information or documents that are obtained, in this type of previous actions, can serve as test instruments, will put the interested person for consideration of the interested person, in a certified copy, to express your criteria. The criteria of the interested person will be evaluated by the public administration and incorporated entirely in the corresponding report with which the previous action is concluded.”(Organic Administrative Code, 2017) This procedure so that the process is not delayed and the test punctuality is not delayed to support it.
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