The "declaration of harmfulness" allows a harmful act to be annulled
The adjective harmful is used to describe what causes or can cause an injury . An injury, meanwhile, is a physical or symbolic damage .
harmful result
In the field of criminal law , we speak of an injurious result when it is found that a legally protected asset suffers an injury. There are, therefore, crimes with harmful results .
Declaration of harm
In administrative law , meanwhile, the act through which an administrative entity defines as harmful to the general interests another previous act that it itself dictated is called a declaration of harmfulness . By pointing out this first act as harmful, you can request its annulment from Justice .
Another name by which this administrative act is known is declaration of harm . It is important to note that the act understood as harmful to third parties must be beneficial to the interested parties. This is a requirement to be able to challenge the entity and declare it null.
This figure appeared in Ecuador only in 2002 and must be dictated by the president through an executive decree, or by ministers using ministerial agreements. In Spain, on the other hand, it has been part of its legal system since 2015. Acts that can be declared harmful must incur a violation of the legal system, but this must be done within the first four years with a prior hearing of the interested parties.
Some example sentences
For example: “A new tax increase would generate a harmful framework for economic development” , “According to opposition leaders, the president established a harmful agreement that harms the country” , “There are regulations that are unnecessary and that are harmful to our business.”
As we can see, the first example talks about a phenomenon that usually has a negative impact on the economy of a country: an increase in taxes. Although its results are not always harmful , it is important that the Government provides its people with a certain compensation to face such a tax, such as improvements in salaries or adjustments in the prices of essential products.
The second example sentence does not provide us with the details of the agreement established by the president, but it does tell us that its characteristics are negative for the country. This may be the product of a lack of skill to occupy the position, or of an absolutely intentional decision, which prioritizes certain personal interests over the well-being of the nation . Simply put, if it's a mistake, the president can try to undo the offending deal, but he probably won't be bothered if he did so knowing the consequences .
Something similar can be interpreted in the third example, because a regulation that is harmful to one business can be beneficial to another, unless the intention is to harm one in particular. The different needs of each one make it practically impossible to satisfy them all through laws .
The signing of a harmful agreement by the President harms the people
Situations
Take the case of a labor reform project . Promoted by a political sector in Congress, the initiative aims to eliminate compensation, allow dismissals without cause and shorten paid vacations with the intention of reducing costs for employers . Due to its characteristics, the project is described by many people as harmful to workers .
Suppose that a government establishes an entrance evaluation to access public universities . The measure is criticized by those who maintain that it is harmful to students who did not have the possibility of accessing a quality secondary education , since it makes it difficult for them to continue their training at a higher level.