An administrative procedure allows an act of an administrative nature to be carried out.
One of the fundamental axes of administrative law is known as administrative procedure ; Thanks to it, the citizens of a certain community have the assurance that the administrative procedures carried out before a public body will be carried out rigorously based on the laws agreed upon by said community, and not in a random manner. It consists of a series of steps that allow citizens to feel protected by the law of their country and, if they have any doubts, they can complain to the State agency.
That is to say, an administrative procedure involves the formal development of the actions that are required to carry out the administrative intervention necessary to achieve a certain objective. Its purpose is to carry out an act of an administrative nature .
The importance of administrative procedures
The obligation to respect stages and strict formal steps provide guarantees to citizens, a detail that marks the difference between public action and private activity. This guarantee is governed and controlled by the legal system and by the security that the information can be known and controlled by all individuals.
In this way, the administrative procedure serves to guarantee administrative action, which cannot be arbitrary and discretionary because it must be subject to the rules of the procedure .
Administrative principles provide guarantees to citizens.
Fundamental principles
The administrative procedure is supported by a series of fundamental principles to which it must respond indelibly; they influence and condition the entire administrative procedure. They are called: principle of unity , principle of contradiction , principle of impartiality and principle of officiality . Below we explain them.
*Principle of Unity: Asegura que cada procedimiento está formado por un comienzo y un final; esto significa que existe a single process que debe ser resuelto independientemente de la forma en la que comenzó;
*Principle of Contradiction: Señala que el procedimiento se resuelve based on the events and foundations of the de right, lo que se logra mediante la confirmación y evaluación tanto de los hechos como de las pruebas;
*Principle of impartiality: Explica que no existen los favoritism or enmity, la administration debe realizarse de forma clara y respetando la ley a raja tabla y los funcionarios deben mantenerse al margen si poseen interés personal en el asunto, son familiares o tienen un vínculo de amistad/enemistad manifiesta, o por ser testigos del procedimiento en cuestión;
*Officiality principle: Indica que el procedimiento debe realizarse íntegramente tal cual lo dicta la ley, gestionándose los trámites pertinentes con suma responsabilidad, es decir que must be initiated ex officio en todas sus etapas.
How to start an administrative procedure
To start an administrative procedure, it is necessary to fill out an application in which the names and surnames of the person interested in carrying out said procedure (interested party), their identification and place where the notification will be carried out are made effective. In addition, you must specify exactly what you want with absolute clarity and the reasons why you are requesting it. Finally, the applicant's signature and the place and date on which said document is issued must appear.
From there, a series of relevant procedures will begin to be developed and when they have been completed, a resolution will be issued where the results of the entire administrative procedure will be recorded. The interested party will receive said resolution on paper and signed by the public body where they will know whether or not their request met their expectations.