soyeb25
Do³±czy³: 10 Mar 2024
Posty: 1
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 Wys³any: Nie Mar 10, 2024 08:28 Temat postu: The case of the administrative activity of prior appointment |
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Professor Luis Martín Rebollo said (1999) that there is “ an implicit right in the Constitution: the right to the proper functioning of the Administration whose function is to serve (art. 103 CE)”.
Said right imposes a correlative legal obligation, which the jurisprudence of the Spanish Supreme Court, as well as the CJEU (in more than 1,500 rulings), has identified with due diligence or due care in administrative action , in all of it: formalized with Email Data procedure or without formalizing. This due diligence or due care implies a standard of administrative conduct that must be respected and controlled, case by case. Professor Juli Ponce Solé has suggested the adapted use of the well-known formula of Judge Learned Hand to set the standard of due diligence in each case, consisting of the fact that the cost of the administrative action cannot be less than the probability of causing damage. to citizenship multiplied by the entity of said damage (oc=px D).
In the case of the administrative activity of prior appointment, in the context of frequent delays in granting the mandatory one, the cost of implementing voluntary prior appointment allows us to balance the probability of various damages to the citizen who obtains the mandatory one late (loss of access to benefits, immigration field, advice on making administrative declarations with a peremptory deadline...),
Damages that can also be of high magnitude, affecting rights recognized by the legal system and/or generating serious property damage due to not being able to access the administration beforehand. , exercising the right generally recognized in art. 53 LPAC to obtain information and guidance about the legal or technical requirements that current provisions impose on projects, actions or requests, reiterated in art. 34 of Law 58/2003, of December 17, General Tax.
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