Administrative Procedure Principles and Public Law Nullity

Who Is a Stakeholder in Administrative Procedures?

Stakeholders in administrative procedures include:

• Those who promote collective interests as rights holders.
• Those who, prior to beginning the procedure, possess rights that may be affected by the final decision.
• Those whose individual or collective interests may be affected by the resolution and who intervene in the proceedings before a final decision is reached.

Principles of Administrative Procedure

The Principle of Non-Formalization

The administrative procedure must be developed with simplicity and efficiency. Formalities should be limited to those necessary for an undoubted record of the proceedings and to avoid prejudice to individuals.

The Principle of Publicity

This principle mandates that authorities provide access to information. It ensures that those affected can understand the content and reasons for decisions. Administrative acts and their substantiating documents are public, ensuring free access and transparency.

Due Process in Administrative Proceedings

Due process requires strict compliance with established procedures for implementing sanctions. It is a manifestation of the principle of legality and includes:

• Presumption of innocence.
• Right to defense.
• Justification of the act.
• A rational, fair, and impartial investigation where the subject has the opportunity to defend themselves.

Public Law Invalidity

What Is Public Law Invalidity?

No person or group may assume authority or rights beyond those expressly conferred by law. Any action in contravention of this principle is null.

Characteristics of Public Law Invalidity

• Irremediable nullity: It is ipso jure (by operation of law).
• Imprescriptible: It does not expire over time.

Understanding Ipso Jure Nullity

The term ipso jure refers to a legal consequence that occurs automatically by the law itself, without requiring a specific request or event. For example, if an act is invalid, the invalidity occurs ipso jure, whereas a voidable act must be challenged by the aggrieved party.

The Irremediable Nature of Nullity

As noted by Eduardo Soto Kloss, any act that violates or infringes upon the subjection of State organs to the Constitution and its promulgated rules is inherently void.