ADMINISTRATIVE LAW QUIZ I

WHAT IS ADMINISTRATION?
It is any planned human activity organized to achieve certain human ends.

WHAT IS PUBLIC ADMINISTRATION?

The groups of administrative bodies that carry out an activity to achieve a goal (general
welfare) regulated in their structure and operation, normally by Administrative Law through
public services,

WHAT ARE THE ELEMENTS OF PUBLIC ADMINISTRATION?

Administrative Body,
Activity,
Purpose and
Half.

WHAT ARE THE ELEMENTS OF THE ADMINISTRATIVE BODIES?

Administrators or Public Officials,
Competence,
Material Activity.

WHAT ARE THE STEPS OF PUBLIC ADMINISTRATION?

Planning,
Coordination,
Organization,
Address,
Control.

WHAT ARE THE TYPES OF ADMINISTRATION?

- Planning Administration : establishing the needs and the solutions to those needs.
- Executive Administration : is the one that decides and executes.
- Control Administration : is responsible for ensuring that administrative tasks are
carried out in accordance with established standards.
- Advisory Administration : is the one that advises or advises the executive body on the
legal and technical convenience of the decisions it will make.

WHAT IS THE OPINION?

It is the legal or technical study on a specific matter.

WHAT ARE THE TYPES OF OPINIONS?

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 - Optional : it is what the administrator can request or not and comply with or not.
- Mandatory: it is what the administrator must request but is not obliged to resolve in
accordance with the opinion.
- Binding : it is the one that the administrator must necessarily request and resolve
according to what the opinion says.

WHAT IS DISCRETIONARY ACTIVITY?

It is one in which the administrator can decide at his own discretion but without going beyond
the limits set by the law.

WHAT IS REGULATED ACTIVITY?

It is one in which the administrator must resolve only in the way the law indicates.

WHAT IS GOVERNMENT ACTIVITY?

It is leading the political community to achieve its essential purposes.

WHAT DOES THE PRINCIPLE OF LEGALITY SAY?

For this principle, what is fundamental is the law and the administrator cannot act if there is
no legal norm that grants him the authority to do so. Art. 239 CPRG

WHAT DOES THE PRINCIPLE OF LEGALITY SAY?

It implies that administrative action must be subject to administrative law (rules, principles
and institutions).

WHAT IS ABUSE OF PUBLIC POWER?

It is when a public official acts against an administrator by carrying out acts for which the law
does not authorize him (does not give him competence) and harms him or the official acts
without having competence.

WHAT IS THE DIVERSION OF PUBLIC POWER?

It is when a public official uses and exercises the administrative competence that he or she
enjoys for a purpose other than that granted to the official by law.

EXPLAIN THE ANGLO-SAXON SYSTEM OF ADMINISTRATIVE LAW?

It prevails mainly in England, where there is no special law that regulates relations between
the administration and individuals, but rather common law is applied, its sources are
Jurisprudence and Precedent.

EXPLAIN THE FRENCH SYSTEM OF ADMINISTRATIVE LAW?

It is in France where Administrative Law was born with the French Revolution, since they
promulgated the application of the law with justice, built a rational, uniform and coherent
administration, formulated the principle of the primacy of the law.

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WHAT IS ADMINISTRATIVE LAW?
It is the set of principles and rules of internal public law, which regulates the organization and
activity of the public administration, the relations that exist between the administration and
individuals, interorganic relations and their control.

WHAT ARE THE CHARACTERISTICS OF ADMINISTRATIVE LAW?

It is a right Young: last quarter of the nineteenth century.
Has not been encoded
It is a subordinate right: to the Constitution.
It is autonomous: it has its own principles and rules.
It is Dynamic: it lives in constant transformation as Public Administration transforms
daily.

WHAT LEGAL DISCIPLINES IS ADMINISTRATIVE LAW RELATED TO?

With Constitutional Law: which is the same as substantive law and procedural law.
With Criminal Law: this is necessary for the application of penalties from administrative
institutions.
With Procedural Law: since it is the path that the public administration uses to resolve certain
matters, whether litigated or not.
With International Law: since Administrative Law regulates the activity of the State and
International Law regulates relations between states.
With Civil Law: Since sometimes civil law is applied to administrative law relationships.

WHAT SCIENCES IS ADMINISTRATIVE LAW RELATED TO?

With Political Economy: because together they give us the norms of development of society.
With Philosophy: by the philosophical principles contained in the Constitution.
With Sociology: this is used by Administrative Law to provide its deductions and teachings on
social problems.
With Statistics: it allows the Public Administration to have data necessary for the
development of its activity.

HOW ARE THE SOURCES OF ADMINISTRATIVE LAW CLASSIFIED?

Formal
Materials

WHAT ARE THE FORMAL SOURCES OF ADMINISTRATIVE LAW?

The obligatory and predetermining forms that the precepts of external conduct must
inevitably take to be socially imposed by virtue of the coercive power of the law.
WHAT IS CODING?
It is the creation of a law that regulates a specific branch of legal sciences. In administrative
matters, codification is theoretically impossible.

WHAT IS THE PRIMARY SOURCE OF ADMINISTRATIVE LAW?

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The Constitution since all state agencies are structured in it.

WHAT IS THE PROCESS OF CONSTITUTIONALIZATION OF ADMINISTRATIVE LAW?

It is the subordination of Administrative Law to the Constitution.

WHAT ARE THE ORDINARY RULES OF ADMINISTRATIVE LAW?

They are a prescription of reason, in order to the common good, promulgated by the one who
cares for the community. For administrative law, the law is the most important source from
the point of view of ADMINISTRATIVE COMPETENCE, since only the law can grant it to
administrative bodies.

WHAT ARE EMERGENCY DECREES?

They are resolutions of the executive branch that are signed by the President and
countersigned by a Minister (usually the one of the branch to which the resolution refers),
without which requirement they are invalid. They must be issued within the regulatory
powers vested in the executive for the application of the laws. (See Public Order Law).

ARE INTERNATIONAL TREATIES AND CONVENTIONS A SOURCE OF ADMINISTRATIVE LAW?

Yes, but they must be approved by Congress before ratification.
(Art. 171, paragraph 1 CPRG).

WHAT ARE DE FACTO LAWS?

They are the provisions of a legislative nature that, without being submitted to the
appropriate body, are promulgated by the Executive branch, by virtue of some circumstantial
or permanent exception, previously determined.

WHAT ARE LEGAL REGULATIONS?

They are those that the president of the republic dictates for the fulfillment of the competence
that the same law grants him, being prohibited from altering the spirit of the law.

WHAT ARE ADMINISTRATIVE REGULATIONS?

They are those issued by administrative bodies, normally used to organize the administration.

WHAT ARE THE INSTRUCTIONS AND SERVICE CIRCULARS?

They are all those communications that the hierarchical superiors of the Public
Administration direct to their subordinates in order to indicate how to apply a law or
regulation, or the measures that they must adopt for the best functioning or the best provision
of the service. THEY DO NOT CONSTITUTE A SOURCE OF ADMINISTRATIVE LAW.

WHAT IS THE CONSTITUTIONAL LOCATION AND IMPORTANCE IN GUATEMALA OF THE

PRINCIPLES OF ADMINISTRATIVE LAW?
They are located in article 221 of the Political Constitution of the Republic, at the time of
creating the Administrative Litigation Court as comptroller of LEGALITY, which is the
application of the rules primarily and in the absence of rules the General Principles of

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Administrative Law.

WHAT ARE ADMINISTRATIVE PRECEDENTS?

It occurs only in discretionary activity and consists of the resolution of a specific case by an
official, who is based on another resolution previously issued by another official on the same
or similar situation. THEY DO NOT CONSTITUTE A SOURCE OF ADMINISTRATIVE LAW.

IS ADMINISTRATIVE JURISPRUDENCE APPLICABLE AS A SOURCE IN GUATEMALAN

ADMINISTRATIVE LAW?
No, since for this to happen, the administrative body should have implicit responsibility for
exercising jurisdiction. The Administrative Litigation Court establishes Jurisprudence but is
not administrative since it belongs to the Judicial Branch.

WITH RESPECT TO THE LEGAL PERSONALITY OF THE STATE, WHAT THEORIES EXIST?
Negative Theories: which say that the state lacks legal personality.
Positive Theories: which maintain that the state has legal and moral personality.
theory of interest
of the regulations
of the Will of the Collective
of the institution
Corporate
of the Nation
of Double Personality
of the Double Will (Accepted in Guatemala Art. 15 Civil Code)

WHAT ARE THE ADVANTAGES OF THE EXISTENCE OF THE STATE?

Resolves the problem of state continuity and perpetuity
Explains the patrimonial relations between the Admon and the parties.
Allows actions for liability against the state
Gives rise to the legal-administrative relationship
Enables the personified organization to be on trial

WHAT ARE THE DISADVANTAGES OF THE EXISTENCE OF THE STATE?

There is no.

WHAT KINDS OF LEGAL PERSONS EXIST?

Public Law:
The state
The town
State and Municipal Companies
Mixed Economy Companies
Industrial and Commercial Character
Civil Societies
Commercial Companies

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 Social Character
Non-profit associations
Any institution in which capital is allocated for social benefit

WHAT IS THE POSITION OF GUATEMALAN LEGISLATION?

Recognizes different people in article 15 of the Civil Code
The state
The churches
The USAC
Municipalities, etc.

WHAT IS THE POLITICAL PERSONALITY OF THE STATE?

It is when the state, in the exercise of its power, creates the legal system, establishes an active
legal order, which grants the state politician the character of a legal entity.

WHAT ARE THE THEORIES ABOUT THE POLITICAL PERSONALITY OF THE STATE?
Absolute State
State Gendarme
Rule of Law or Constitutional

WHAT IS THE ABSOLUTE STATE?

It is known as the Absolute State or as a system of absolute government (Monarchy) and is
one in which the Monarch is above the law, since he is the primary source of the law.
(Do not confuse it with dictatorial or totalitarian regimes)
The monarch can be elected for life and the position is transmitted by inheritance.

WHAT IS THE GENDARME STATE?

It is one whose sole function is to maintain public order by monitoring and protecting the
reciprocal freedom of individuals within the law.

WHAT IS THE RULE OF LAW OR CONSTITUTIONAL?

It is one in which the three powers of government, interdependent and coordinated, represent
the government of the people, by the people and for the people.

BRIEFLY EXPLAIN PARLIAMENTARISM:

It is typical of European states, there is the King or Monarch who is in charge of purely
political functions and a Prime Minister or President of the Council of Ministers, who is in
charge of Public Administration and depends on Parliament. Ministers are bodies with
administrative competence appointed by parliament at the proposal of the Prime Minister.
This is where the Interpellation appears since the parliament, which is the one that appoints
the ministers, supervises them. In summary, public administration is in charge of parliament.

EXPLAIN PRESIDENTIALISM BRIEFLY:

This system was born in the USA, in which the President of the Republic exercises a double

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function (Political and Administrative), it has advisory bodies called Secretaries of State who
are appointed directly by the president, there is no interpellation, the responsibility of the
Secretaries is directly before the President.

WHAT IS THE SITUATION OF GUATEMALA REGARDING THE TWO GOVERNMENT SYSTEMS?

Guatemala adopts characteristics of both government systems, so it can be said that it is a
mixed system.

ACCORDING TO THE CONSTITUTION OF GUATEMALA WHO EXERCISES PUBLIC POWER?

The exercise of public power comes from the people (philosophically), it is the people who
exercise public power through the election of their representatives, who are in charge of the
function of the state.

HOW IS THE ACTION OF THE STATE MANIFESTED?

The administrative body is the instrument through which the will of the state is expressed.

WHAT IS THE PURPOSE OF THE ORGAN THEORY?

Its purpose is to explain why the administrative organization remains permanent, over time
and despite the changes of the natural persons who act for it.

WHAT IS THE BODY IN ADMINISTRATIVE MATTERS?

The body of a person under public law is the institution carried out by one or more natural
persons who have the authority to exercise one or more public functions.

WHAT ARE THE ELEMENTS OF THE ADMINISTRATIVE BODY?

Administrators or Public Officials: which are the different officials or individuals who are in
charge of the administrative bodies, which can be elected or appointed. With their will they
exercise the competence that belongs to the administrative body.
Competence: which is the number of powers, powers, functions and responsibilities that the
law grants to each administrative body, so that it can act.
Material Activity: which is the one that is executed based on plans, projects, programs,
decisions, resolutions or administrative facts, with which the proposed purpose is achieved.

WHAT ARE THE CHARACTERISTICS OF THE ADMINISTRATIVE BODY?

It is an institution of Public Law through which the purpose of the state is fulfilled.
His performance in the very manifestation of the State.
To exercise the competence that the law grants it, it needs the will of the natural
person or official to be able to act.

WHAT KINDS OF ADMINISTRATIVE BODIES EXIST?

- Due to its regulatory origin: Constitutional and non-Constitutional.
- Due to its composition: Unipersonal or individual (one person) and Collegiate
(several people).
- Due to their permanence: Ordinary (those created by the constitution and laws) and

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 Extraordinary (those created in times of emergency).
- Due to their legal-political hierarchy: superior or primary and inferior or secondary.
- Due to its mode of action: simple (it can be individual or collegiate) is the one that for
its action is not integrated with other bodies; and complex (it must always be
collegiate) which is integrated with several other bodies.
- According to the territorial distribution of jurisdiction: central (whose jurisdiction is
developed throughout the territory of the state) and local (only in a certain territory of
the state).
- According to the functional distribution of competence: general and special
depending on whether or not their competence is limited to a special subject.
- According to the Administrative Activity they carry out: Assets (they are those that
resolve and form the organic will that will later be attributed to the state); Advisory
(they issue a statement of judgment through opinions or reports) and Control (they
supervise state activity, its actions and people).

WHAT IS THE LEGAL NATURE OF THE ADMINISTRATIVE BODY?

The Administrative Body is of an instrumental legal nature.

DEFINE WHAT AN ADMINISTRATIVE BODY IS:

The administrative body is the conduit, means or instrument available to the state to express
its will.

WHAT ARE THE CHARACTERISTICS OF ADMINISTRATIVE COMPETENCE?

- It is granted by law (it arises from a norm and not from the will of individuals or the
body that exercises it.
- It is non-waivable (it is mandatory and must be exercised independently of the will of
the public official who exercises it).
- It is non-derogable (it cannot be repealed by the administrative body itself by any
means).
- It cannot be assigned (it must be exercised by the body to which it is attributed and
cannot be assigned to another body or person).
- It cannot be expanded (the administrative body must exercise jurisdiction limited by
law).
- It is non-extendable (it cannot be transferred from one body to another, except for
the Invocation and Delegation).
WHAT IS THE EXCEPTION OF THE NON-EXTENDABILITY OF ADMINISTRATIVE
COMPETENCE?
It consists of the exceptions of Avocation and Delegation of competence as the faculty and
power granted by the administrative hierarchy, which means the right that the hierarchical
superior has to transfer the resolution of a matter to the subordinate or the power that the
latter has to attract competence. of the subordinate (both must be within the same sphere of
competence Ex. Minister and Director of Public Works).

WHAT IS THE DELEGATION OF ADMINISTRATIVE COMPETENCE?

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It is the administrative act by which the higher body transfers its normal competence to a
lower body in a specific case.

WHAT DOES THE CLAIM OF THE COMPETENCE OF SIGNATURE AND REPRESENTATION

CONSIST OF?
It is the administrative act by virtue of which the higher body, without any recourse, draws to
itself the matter pending resolution and which must be resolved by the lower body, the higher
body enters the sphere of competence of the lower body, it takes legal action. the knowledge
and decision of an issue, introducing it into its sphere of attributions.

WHAT ARE THE ELEMENTS OF ADMINISTRATIVE COMPETENCE?

- The Law (since it is what grants the public administration bodies the sphere of
powers, etc. always determined by objective law).
- The Powers, faculties or powers (means the limits that the body has to be able to act).
- The Administrative Body

WHAT ARE THE KINDS OF ADMINISTRATIVE COMPETENCE THAT EXIST?

- Due to the matter: taking into account that it refers to certain administrative matters.
- Due to the territory within which the administrative body exercises its jurisdiction
(municipal, provincial, national, etc.)
- Due to time: depending on whether the competition is temporary or permanent.
- By reason of the Grade: referring to which of the bodies in the hierarchical scale it has
been attributed
- Quantitative: takes into account when the authority to impose sanctions is attributed
based on their amount.
- Qualitative: taking into account the nature of the issues to be discussed.
- Objective Criterion: it must be understood that general competence corresponds to
the body as such, but the law may determine some type of exclusive competence to
subordinate bodies.
- Exclusive: when it is attributed to a single organ.
- Alternative or Concurrent: is when certain circumstances occur or, complying with
the formalities established in the law, a body other than the one that was initially
attributed jurisdiction, but hierarchically related, fulfills a certain function. (must be
provided for by law).
- Indistinct: when the law attributes jurisdiction to certain bodies normally and
simultaneously, in such a way that any of them can exercise jurisdiction without having
to comply with requirements or formalities.
- Mixed or Shared: competence attributed simultaneously to several bodies and can
only be exercised jointly by all of them.

WHAT IS ADMINISTRATIVE COMPETENCE?

It is the amount of powers, faculties, functions that the law grants to administrative bodies so
that they can act.

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WHAT ARE THE CHARACTERISTICS OF THE ADMINISTRATIVE HIERARCHY?
- Relationship between bodies of the same administrative entity.
- Hierarchical power occurs when there is centralization, deconcentration or
delegation.
- Control occurs when there is decentralization.
- The hierarchical relationship occurs between a higher level, in the line of competence,
and a lower body.
- Hierarchy is a power that is given totally and constantly.
- Hierarchical power covers the entire lower body.
- In the hierarchical relationship there is the possibility of appealing the actions of the
hierarchical inferior
- As a legal-political institution, it has its function and natural domain in Public Law
and especially in Administrative Law.
- In a formal sense it is the one that graduates by administrative ladder.
- In a substantial sense, that which is based on the official's own attributes.
- It presupposes two modes of exercise: the hierarchical power to order and review
acts of the inferior and the disciplinary right.

WHAT POWERS ORIGINATE THE ADMINISTRATIVE HIERARCHY?

- Power of Revocation: power of the higher body to revoke the actions of the lower
body, ex officio or at the request of a party.
- Power of Review or Inspection: inherent power of the higher body to review and
inspect the actions of the lower body, ex officio or at the request of a party, by itself or
by delegation to another specialized body.
- Power of Command: power of the superior body to issue orders (they are those
adopted by the superior and aimed at resolving a specific case), circulars (they are
orders directed to several subordinate bodies simultaneously and on the specific issue)
and instructions (they are rules for the operation and reorganization of one or several
services). The inferior must study the orders formally (formalities) and materially (if
legal).
- Disciplinary Power: power of the administrative body to correct subordinates when
they have committed offenses.
- Power of Avocation and Delegation: power of the hierarchical superior to attract the
competence of the subordinate and transfer his competence to him.

WHAT ARE THE TYPES OF ADMINISTRATIVE HIERARCHY?

- Common: occurs between the bodies whose powers include the generality of the
services.
- Territorial: occurs between bodies that perform functions within certain territorial
constituencies.
- Special: refers to bodies that perform certain services (e.g. military, diplomatic).
- Bureaucratic: refers to single-person bodies.
- Collegiate: refers to multi-person bodies that exercise deliberative or advisory
functions.

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WHAT IS THE DEFINITION OF ADMINISTRATIVE HIERARCHY?
The relationship of subordination that exists between bodies of the same administrative
jurisdiction.

WHAT IS THE LINE AND THE DEGREE?

The vertical succession from the highest to the lowest that exists between hierarchical
administrative bodies is called a line. The situation of each organ on that line is called degree.

WHAT ARE THE LEGAL CONSEQUENCES THAT THE HIGHER BODY HAS ON THE
SUBORDINATE BODIES?
- Direct and promote the action of the inferior
- Dictate internal regulations (circulars or instructions)
- Appoint the heads of lower bodies
- Delegate matters within their jurisdiction to lower bodies
- Resolve competition issues
- Impose administrative sanctions on inferiors.

WHAT IS ADMINISTRATIVE CENTRALIZATION OR CONCENTRATION?

It consists of organizing the bodies of the State Administration, under a rigid hierarchical
order. The decision and direction correspond to the supreme governing body, placed at the
first level or top of the hierarchical scale (president). The other administrative bodies are
subordinate and carry out orders that always emanate from the superior, executing them
without being able to deliberate or question them and without having greater scope for
decision, especially in political or government matters.

WHAT ARE THE CHARACTERISTICS OF CENTRALIZATION?

- There is a hierarchical supreme that is the highest degree within the scale pyramid
(president).
- There is a relationship of subordination of the administrative bodies, which belong to
the administrative hierarchy.
- When there is a hierarchy, its command powers are manifested (command,
disciplinary, calling, etc.)
- The lower administrative bodies execute the orders without greater political
decision-making power.

WHAT ARE THE ELEMENTS OF CETRALIZATION?

- Command Unit: begins with the President and ends with the last of the OE employees
- The hierarchy: it is established with the relationships of subordination that exist
within the administrative bodies. It is your main base.
- Control: exercised by the superior, which is one of the powers of the hierarchy.
- The power to decide the competence: of the infraordinate organs.

WHAT IS THE APPLICATION OF THE HIERARCHY PRINCIPLE?

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It implies that within the centralized administrative bodies, it is fundamentally based on the
Administrative Hierarchy, where the administrative bodies will depend on its central body
and branch downwards. The power of Command is also centralized in the same way as the
administrative bodies.

WHAT ARE THE ADVANTAGES OF CENTRALIZATION?

- The supreme body ensures political control.
- The actions of subordinates are controlled and there is administrative morality.
- Administrative procedures are uniform.
- Public services are provided economically.
- Control and supervision over administrative activity is more effective.
- Administrative policies are uniform.

WHAT ARE THE DISADVANTAGES OF CENTRALIZATION?

- There is bureaucratic centralism and the administrative offices are mostly located in
the capital.
- The administration becomes inefficient in territories far from the capital.
- Individual requests must follow a long process until they reach the decision center.
- In countries with large territories, this system is inconvenient due to the lack of
adequate attention and because the administration is excessively politicized.

WHAT ARE THE PROCEDURES TO ESTABLISH CENTRALIZATION?

- The power of decision and coercion is concentrated in one body and the others are
legally obliged to obey it.
- The supreme body is granted the absolute power to appoint and dismiss all
administration personnel.
- It is concentrated in the supreme body, in addition to the political decision, the
technical decision and all information about the activities of the government and public
administration.

WHAT IS THE APPLICATION OF CENTRALIZATION IN GUATEMALA?

The administrative organization system in Guatemala is eminently concentrated or
centralized, with tendencies toward decentralization.

WHAT ARE THE CHARACTERISTICS OF DECONCENTRATION?

- The main system of organization continues to be centralization.
- Lower administrative bodies are granted the power to make technical decisions that
allow them to provide the entrusted public service.
- Deconcentrated bodies specialize in the provision of specific public services.
- The Supreme Body controls the deconcentrated bodies through political guidelines,
budget allocation and assets.
- The superior maintains the power to appoint the managerial and technical staff of the
decentralized body and the contracts he or she celebrates must be approved to acquire
legal validity.

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WHAT ARE THE ADVANTAGES OF DECONCENTRATION?
- Administrative action is faster and more flexible.
- Administrative action is closer to individuals.
- Increases the spirit of responsibility
- Facilitates the activities of the Administration throughout the territory.
- The unity of public power is preserved.
- Public service improves and is more economical.

WHAT ARE THE DISADVANTAGES OF DECONCENTRATION?

- The main officials of the deconcentrated bodies tend to provide the service and
resolve with political favoritism.
- Bureaucracy increases and consequently public spending.
- The service is inefficient due to technical inability.
- State resources are used to satisfy the purposes of political parties rather than those
of the state itself.

WHAT ARE THE PROCEDURES TO ESTABLISH DECONCENTRATION?

- By norms emanating from the legislator, that is, through ordinary formal laws.
- By provisions issued by the executive body based on an express delegation made to it
by the legislator.
- Through administrative regulations purely and simply.

WHAT IS ITS APPLICATION IN GUATEMALA?

As already expressed, the administrative organization in Guatemala is eminently centralized
with a tendency towards decentralization, but some of its entities are deconcentrated, created
by Government Agreement, such as INDECA, INGUAT, INDE, Port Companies, etc.

WHAT IS THE DEFINITION OF DECONCENTRATION?

It is a system or form of organization of the State Administration, which consists of creating
bodies with public services, without disappearing their relationship of hierarchical
dependence with the supreme body; They are directed and operated by technical personnel
who project their activity to the entire territory of the State based on the general guidelines,
assets and budget that are assigned to them by that higher body, in accordance with the
Decree of the Congress of the Republic or the government agreement. , which gives rise to
them.

WHAT ARE THE CHARACTERISTICS OF DECENTRALIZATION?

- The decision-making power or competence of the central power is transferred to a
new legal entity under public law.
- The new legal entity is part of the state structure, since what is granted is functional
independence so that it can govern in terms of the form and manner of providing the
public service and fulfilling its legal purposes.
- Decentralized entities must enjoy relative political independence, to integrate their

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 main bodies through the participation of the people who comprise them according to
the law.
- They have their own assets and can manage their budget, however this financial
independence is also relative, since they must do so in accordance with their organic
law and other laws related to it, controlled by the Comptroller General of Accounts.
- They have statutory and regulatory independence and can issue their own legal
standards, without violating the laws.
- Transfer of powers of decision, resolution, proposal and information.
- Creation of a public legal entity distinct from the State.
- Existence of guardianship over said decentralized entities, by the central
administration.

WHAT ARE THE ADVANTAGES OF ADMINISTRATIVE DECENTRALIZATION?

- The central administration is decongested.
- Individuals benefit because they receive a more efficient, technical and generalized
service throughout the territory.
- The service is modernized and without making a profit it becomes self-financing.
- The heritage is used with economic criteria and the benefits are rationalized among
the entire population and the profits are reinvested to improve or expand the service.
- Empiricism is eradicated.
- The spectrum of partisan political influence is receding.
- The users and residents are the ones who elect the authorities of these entities.
- Individuals also have the opportunity to organize themselves to provide the service.
- Individuals can also satisfy their needs through self-management.

WHAT ARE THE DISADVANTAGES OF DECENTRALIZATION?

- A disorder of public administration is created.
- An exaggerated growth of bureaucracy
- There is political manipulation in these entities and positions are granted to
politicians, without any technical preparation.
- The results of the activity of these entities do not fully satisfy the needs.
- Losses are generated and these must be absorbed by the state, as the planned
objectives when creating these entities are not met.
- There is no adequate planning of the work that these institutions must carry out, so
the results are not the desired ones.

HOW CAN THE CONTROL EXERCISED BY THE CENTRALIZED ADMINISTRATION OVER

DECENTRALIZED ENTITIES BE ESTABLISHED?
- In the Transfer of Funds from the state's general budget to the entity, through
monthly allocations.
- Permanent intervention of the Comptroller's Office in the management of public
funds.
- Issuance and reform of its Organic Law by Congress.
- Approval in the Executive or Legislature of the rates, taxes and other contributions, as

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 well as their regulations.
- Power to intervene entities due to mismanagement.
- In the judicial order, these entities can be subject to common control (civil and
criminal), private control (contentious administrative, coercive economic), etc.

WHAT KINDS OF ADMINISTRATIVE DECENTRALIZATION EXIST?

- territorial decentralization
- decentralization by service or institutional
- decentralization by collaboration

WHAT DOES TERRITORIAL OR REGIONAL DECENTRALIZATION CONSIST OF?

The decentralized entity has the legal power to provide the greatest amount of public services
to a population. For this purpose, it is granted the legal power to decide, manage its assets and
budget, issue its regulations, elect its authorities and outline its policies. (Municipalities and
Urban and Rural Development Councils).

WHAT IS DECENTRALIZATION BY SERVICE OR INSTITUTIONAL?

In this type of decentralized body, the satisfaction of a local public need is not important, but
rather a specific function of an eminently technical nature, logically independent of the central
body, which is endowed with exclusive powers, its own and special resources and endowed
with legal personality. own. (IGSS, AUTONOMOUS SPORTS CONFEDERATION, INDE, USAC).

WHAT IS DECENTRALIZATION BY COLLABORATION?

It refers to some institutions that are not part of the Public Administration, they do not have
any type of hierarchical relationship or dependency with the administration, they are only
bodies that collaborate with the public services to which the state is obliged. They are NON-
PROFIT institutions (Guatemalan Pediatric Foundation, ANINI, National League Against
Cancer, etc.)

WHAT DO AUTONOMY AND AUTARKY CONSIST OF?

Autonomous entities are those that have their own law and are governed by it, they are
empowered to act independently and also to give themselves their own institutions that will
govern them and, most importantly, SELF-FINANCING, without resorting to the General State
Budget. In addition, they must have their own resources, their own assets, total independence
from the centralized body and without any type of control, since they do not manage public
funds but rather private ones.
Talking about autarky is the same as talking about decentralization, although autarky is
rejected by most authors.
As a consequence, in Guatemala there are no autonomous entities, understanding this in its
real concept.

REGARDING THE ANALYSIS OF THE CONSTITUTIONAL CLASSIFICATION OF

DECENTRALIZED AND AUTONOMOUS ENTITIES, READ ARTICLE 134 OF THE POLITICAL
CONSTITUTION OF THE REPUBLIC OF GUATEMALA.

15
WHAT ARE THE DECENTRALIZED AND AUTONOMOUS ENTITIES REGULATED IN
GUATEMALAN LEGISLATION (POLITICAL CONSTITUTION)?
- Guatemalan Institute of Social Security (Art. 100 AUTONOMOUS)
- University of San Carlos of Guatemala (Art. 82 AUTONOMOUS)
- The Municipality (Art. 253 AUTONOMOUS)
- The Regions and the Urban and Rural Development Councils.
WHAT ARE THE CHARACTERISTICS OF THE CIVIL SERVICE?
- In accordance with the bilateral theory, it has an administrative act of appointment or
investiture.
- The will of the state that decides the appointment and the will of the individual who
accepts the position come together.
- The functional relationship generates legal effects between the State and the named
individual, rights and obligations.
- All rights and obligations are previously established in the Law and the purpose of
the common good through public service.

WHAT IS THE LEGAL NATURE OF THE FUNCTIONAL RELATIONSHIP OR CIVIL SERVICE?

On the one hand, it has an administrative act of appointment or investiture, where the will of
the State that decides the appointment and that of the individual who accepts the position
come together, generating legal effects between both in accordance with the rights and
obligations previously established in the Law. and the purpose of service to the community.

WHAT IS THE DEFINITION OF THE FUNCTIONAL RELATIONSHIP?

Legal-labor link that unites the State with the individuals who become part of the civil service
from the moment they begin the exercise of the position, until their delivery.

WHAT ARE THE ENTRY SYSTEMS TO THE CIVIL SERVICE?

- Free Entry: this means that any citizen can enter the civil service.
- Entry by Selection: system by which one enters the civil service, through an
opposition exam.
- Mixed Entry: all citizens have the right to enter the civil service, as long as they
demonstrate their abilities to perform the position, through the exam.
(See Art. 113 of the Political Constitution).

WHAT ARE THE SYSTEMS FOR THE DESIGNATION OF OFFICIALS?

- Income by choice: Ex. President, Vice President, Mayors.
- Entry by appointment: occurs when the hierarchical superior of the administrative body
has the power to appoint his subordinates and in this case there are several modalities:
1) Discretionary appointment: when the superior can make the appointment
observing more than the requirements that must be met.
2) Conditional appointment: normally one person from among several candidates is
conditional.
3) Reserved appointment: takes into account the administrative career and the

16
 mandatory submission to the opposition exam.
- Contract income: this is normally verified for consultancies, generally professional and
technical.

WHAT ARE THE TYPES OF PUBLIC OFFICIALS?

- Senior public officials: they are those in charge of governing and making decisions of a
political nature and they are also in charge of governing and making decisions of a political
nature and they are also the hierarchical superiors of the administration.
- Intermediate Public Officials: who coordinate and control the execution of plans, programs
and projects of the Public Administration.
- Minor Public Officials: Called workers or employees of the State, bureaucrats and even
servants, they are the executors of administrative activity.

WHAT IS THE ADMINISTRATIVE CAREER?

It is the right of public officials to move on to a higher grade or class position, due to capacity,
knowledge and experience within the administrative function.
Art. 57 of the Civil Service Law.

WHAT ARE THE OBLIGATIONS OF PUBLIC OFFICIALS?

- Exercise the powers that they must execute by legal mandate, attributed to the
administrative body.
- Respect and obedience to the hierarchical superior and the Law.
- Personally exercise the power, since it cannot be extended, except in cases of avocation and
delegation.
- Faithful and dedicated compliance within the administrative procedure, to make
administration more efficient and prompt.
- Fidelity to the State as your employer and mainly to the Constitution of the Republic.
- Impartiality in the decisions you make.
- In some cases it is mandatory for the official to reside in the place where he or she
performs the position.
- Contribution to Public Safety
- Opposition to illegal orders.

WHAT ARE THE RIGHTS OF PUBLIC OFFICIALS?

- Job stability and the right to pursue an administrative career
- The right to defense in procedures for disciplinary measures.
- The right to participate in competitions for promotions to positions within the
administrative body
- Weekly breaks.
- To the holidays established by law.
- To enjoy annual vacations.
- Special study permits, due to illness and pre- and post-natal periods
- To receive salaries, increases and bonuses
- Right to the social security regime.

17
 - Right to retirement, widowhood and survivorship.
- Right to recreation.
- Right to free unionization and union grouping or association.
- The right to legally authorized strike.

HOW DOES POLITICAL RESPONSIBILITY OF PUBLIC OFFICIALS ARISE?

It arises from the decisions made by the officials to whom this power is attributed, such as the
President, Ministers, Governors. It is established through Parliamentary Control, Political
Trial or Interpellation.

WHEN LEGAL RESPONSIBILITY OF PUBLIC OFFICIALS IS GIVEN?

It occurs when officials violate legal regulations or fail to comply with them and cause
damages to those administered, and in this case we can find civil, criminal and administrative
liability. To deduce it, the SUMMARY JUDGMENT OF RESPONSIBILITIES is used and according
to Art. 155 of the Constitution establishes that the State is jointly responsible.

WHEN CRIMINAL LIABILITY OF PUBLIC OFFICIALS IS GIVEN?

It occurs when public officials, in the exercise of their position, commit one of the crimes or
misdemeanors regulated by the Penal Code. There are some officials who enjoy pre-trial
proceedings, except in the case of a crime in flagrante. Any official can commit any crime
classified in the Penal Code.

WHEN ADMINISTRATIVE RESPONSIBILITY IS GIVEN TO PUBLIC OFFICIALS?

It originates from the exercise of administrative jurisdiction, that is, in the exercise of legal
powers, the senior official, in compliance with his power of control and sanction, can apply
corrective measures to the person involved, after a hearing so that he can defend himself. The
scale of sanctions is regulated in the Civil Service Law (Art. 74). If the act affects the rights of
individuals, they must use administrative resources. If the superior official resolves the
appeal, it is called the delegated justice system, and on the contrary, if it is the same superior
official who issued the resolution or the act and he himself resolves the appeal, it is called the
withheld justice system. There are other cases in which the appeal must be filed before the
Labor and Social Security Chambers (IGSS or State workers to claim payment of their labor
benefits).

WHAT IS THE DIFFERENCE BETWEEN OFFICERS AND PUBLIC EMPLOYEES?

An official is one whose powers are indicated in the Constitution or the Law, and an employee
is one whose powers are regulated in the regulations. The tendency is to call everyone PUBLIC
OFFICIALS, in an order of importance: SUPERIOR (govern and make political decisions);
INTERMEDIATE (coordinate and control the execution of plans, programs and projects of the
Public Administration); and MINORS (they perform intellectual or manual tasks).

REGARDING THE ANALYSIS OF THE LEGAL FRAMEWORK OF THE CIVIL SERVICE IN

GUATEMALA, READ ARTICLE 107 TO 117 OF THE POLITICAL CONSTITUTION OF THE
REPUBLIC OF GUATEMALA.

18
 Take into account that:
- The functional relationship may be temporarily suspended due to permits, vacations, etc.
- The functional relationship may end definitively by resignation, death, dismissal,
retirement, etc.

EXPLAIN THE EVOLUTION OF THE ADMINISTRATIVE ACT:

- With the appearance of the Rule of Law or Constitutional State, principles have been
imposed, such as the principle of Legality, which arises in France from the emergence
of the Rule of Law. This principle establishes that the official cannot issue an act
without the existence of a legal norm that authorizes the official to act.
- In the Absolute state, the abuse of the sovereign is established to impose on
individuals, there are no established rules, the King imposed on his subjects
arbitrarily.
- Another important principle is that of legality, in which the official, in the absence of a
rule, can apply the principles of administrative law (administrative justice).

WHAT ARE THE CHARACTERISTICS OF ADMINISTRATIVE ACTS?

- Presumption of Legitimacy
- The Executorship
- The Irretroactivity
- Unilaterality
- Revocability

WHAT IS THE PRESUMPTION OF LEGITIMACY?

When all the stages of the administrative procedure and the substantive requirements have
been complied with and in a manner established by law, the administrative act is produced
that is presumed legitimate and begins to produce legal effects after its notification, unless it
is challenged by the affected through administrative resources or through judicial means
through administrative litigation, amparo and unconstitutionality.

WHAT IS EXECUTORY?
When the administrative act meets the substantive and formal requirements required by
law, it must be complied with after being notified. The execution can be:
- Direct execution: when the centralized bodies themselves or the autonomous or
decentralized entities of the State are in charge of executing it, since the individual
voluntarily accepts it in its entirety and begins to comply with it.
- Indirect Execution: which occurs when the intervention of a special or private
(economic-coercive) or common (criminal) jurisdictional body must be requested, so
that it coercively proceeds to execute the act.

WHAT IS IRRETROACTIVITY?
The administrative act must take effect upon notification or publication, to the person to
whom it is addressed and never before. Otherwise a constitutional violation occurs.

19
WHAT IS UNILATERALITY?
The administrative act is unilateral, since it is a unilateral and concrete declaration, it is
established that for the administration to make a decision, the will of the individual is not
required. (Some authors do not accept the unilaterality of the administrative act).

WHAT IS REVOCABILITY?
It can be analyzed from two points of view:
- Revocation ex officio: this is when the hierarchical superior of the administrative
body revokes the decision made by the subordinate or the body itself that makes the
decision revokes it (Administrative Litigation Law when there is an error of
calculation or fact). In this case the resolution has not been notified.
- Revocation at the request of a party: occurs when the administrative resolution has
been legally notified to the individual and he or she makes use of the means that the
law grants him to oppose the resolutions or administrative acts, because they affect
his rights and interests.

WHAT ARE THE ELEMENTS OF THE ADMINISTRATIVE ACT?

Background elements :
- Subject or competent body
- The external manifestation of administrative will
- The object
- The capacity
- Accessory clauses
- Purpose or end
Shape elements:
- The form of the declaration
* The written record or reason for the act
* Place and date
* Body or entity that issues the act
* File identification
* Signature and seal of those responsible
* Proof of notification to the interested party
- Procedure Form

WHAT DO THE VICES OF ADMINISTRATIVE ACTS CONSIST OF?

They consist of the total or partial lack of any of the elements of form or substance in an
administrative act, which may be a reason for direct control or administrative appeals
against the acts.

WHAT DO LEGALLY INEXISTENT ACTS CONSIST OF?

They are those that have no legal existence, since they lack the essential requirements of
substance and form and are manifestly illegal, lack legality or juridicality and may be subject
to challenge.

20
WHAT ARE CANCELABLE ACTS?
All those acts that have the appearance of being legal, but lack any of the elements of form or
substance, are voidable. They produce legal effects, as long as the individual or affected
person challenges them.

WHAT ARE VITIATED ACTS OF ABSOLUTE NULLITY?

These are administrative acts in which substantive elements that cannot be corrected were
not complied with (the official who issues a resolution exercising a competence that does
not correspond to him).

WHAT ARE VITIATED ACTS OF RELATIVE NULLITY?

They are those that suffer from elements of form and that can be perfect if the error is
corrected.

BASED ON THEIR CONTENT, HOW ARE ADMINISTRATIVE ACTS CLASSIFIED?

- Imperatives: those that contain a prohibition.
- Conformers: These are those that are aimed at creating, modifying or suppressing a
specific legal relationship with those administered (licenses, authorizations).
- Declarative: These are those in which implicit statements are made about certain
properties of people or things, on whose existence or absence certain legal-
administrative consequences depend (recognition of the quality of neighbor).
- Registry: they are those that limit themselves to recording that certain particularities
are recorded in the records, they constitute facts of those already registered and have
the character of public documents. The legal effects are contracted to legitimize the
facts to which they refer (Civil Registry certification).
- Requirements of the Interested Party: are those in which the laws prescribe that they
can only take place with the prior request of the administrators (license request).

BASED ON THEIR EFFECTS, HOW ARE ADMINISTRATIVE ACTS CLASSIFIED?

- Internal: are those that have effects within the sphere of public administration
without affecting individuals (appointments)
- External: they are those that transcend to the individuals who are the recipients of
the legal effects of the act or to other entities or agencies of the State (granting
driving licenses)

BY THE BODY THAT DICTATES THEM, HOW ARE ADMINISTRATIVE ACTS CLASSIFIED?
- Simple: when they emanate from a single will, in the exercise of exclusive
administrative competence that corresponds to an administrative body (resolution of
a Governor).
- Complex: are those that are formed by the competition of several powers or that are
issued by several administrative bodies (Agreement of the President in the Council of
Ministers).

21
FOR THE PURPOSES OF THE ACT, HOW ARE ADMINISTRATIVE ACTS CLASSIFIED?
- Limiting: they are those that contain prohibitions and reduce people's assets or
control the exercise of the rights of individuals (not authorizing a public
demonstration to protect order).
- Expansion: is one in which the public administration increases the scope of the rights
of individuals, through authorization, licenses, permits, etc.

HOW ARE ADMINISTRATIVE ACTS CLASSIFIED BY THE CONCURRENCY OF ELEMENTS?

- Valid or Perfect: they occur when the administrative act contains all the necessary
substantive and formal elements, is in accordance with the law and when it is final,
because it is not challenged or because the appeal is declared void, it is complied with
or executed. voluntarily or coercively.
- Vitiated or Imperfect: are those that suffer from some element of form or substance
and may be susceptible to any administrative and judicial challenge.

WHAT IS THE DEFINITION OF THE ADMINISTRATIVE ACT?

It is a unilateral, concrete or general declaration of will, of a competent
administrative body, that produces direct, specific or general legal effects.

WHY IS IT SAID THAT IT IS A UNILATERAL DECLARATION OF WILL OF THE

ADMINISTRATIVE BODY?
Because administrative decisions are not subject to a consensus of wills,
Administrative Law is one of imposition and not of coordination, it means that for the
issuance of the administrative act, it is not necessary to coordinate with individuals, but
rather the Public Administration imposes on those administered its determinations.

WHY IS THE STATEMENT SAID TO BE CONCRETE OR GENERAL?

The declaration is specific when it is addressed to a specific person or persons, in
which a right is authorized, prohibited or restricted. And it is General when it is addressed to
the entire community.

WHY IS IT SAID THAT THE ADMINISTRATIVE BODY SHOULD BE COMPETENT?

Because it is necessary that the administrative body that issues the act must be
vested with that faculty, power or authority to be able to act (administrative competence)
for the act to be valid and perfect.

WHY IS IT SAID THAT THE ADMINISTRATIVE ACT PRODUCES DIRECT AND CONCRETE
LEGAL EFFECTS?
Because every act of the administration produces legal effects (it is the most
important element), which are direct and concrete when they are directed at a specific
person or persons.

WHY IS IT SAYING THAT THE ADMINISTRATIVE ACT PRODUCES GENERAL LEGAL EFFECTS?
Because it produces legal effects, which can also be general when they are directed at

22
 the entire community.

WHAT ARE ADMINISTRATIVE FACTS?

They are the events that may or may not produce effects, but if effects occur, it is the
express will of the administrative body, since if the will of the administration is voluntarily
expressed, it will be an administrative act. (Technical or legal opinions)

WHAT ARE THE REGULATED ACTS?

The administrative act is regulated when the law establishes the procedure, the
requirements and the meaning of the negative or positive resolution (limitation or
extension). The law indicates to the official how he must resolve as a rule of mandatory
observance.

WHAT ARE DISCRETIONARY ACTS?

They are those in which precepts are applied that grant the administrative body a
certain freedom of action, since the norm establishes a scope of action and the power to
choose between several possible ways of making a decision, naturally within the parameters
that the law itself establishes. .

WHAT IS THE DIRECT VOLUNTARY EXECUTION OF ADMINISTRATIVE ACTS?

It is when the individual himself, voluntarily executes the administrative act.

WHAT IS NON-VOLUNTARY DIRECT EXECUTION?

In this case, the administrative act is executed by the public administration in a
coercive manner, using necessarily administrative mechanisms to ensure compliance with
its resolutions. We will be faced with a non-voluntary direct execution, for example, when a
municipal affairs judge orders the stoppage of a work that may represent danger.

WHAT IS THE INDIRECT EXECUTION OF ADMINISTRATIVE ACTS?

It is when an obligation or acts are imposed on individuals in which their rights and
interests may be affected and the act is not voluntarily fulfilled by the individual, then the
administration resorts to Economic-Coercive Judgment.

WHAT IS THE COACTIVE ECONOMIC?

It is a means by which the State collects its debts that individuals have with it, which
must be liquid, enforceable, expired and legally pre-established in favor of the public
administration.

WHAT ARE THE CHARACTERISTICS OF THE ECONOMIC-COACTIVE?

- It is an execution process, since it pursues the fulfillment of an obligation of
individuals in favor of the State.
- The plaintiff will always be the administrative bodies
- The claims of the public administration are coercive in nature, that is, by force.
- Jurisdiction is exercised by the economic-coercive courts and the audit court

23
 chambers.

WHAT IS THE LEGAL NATURE OF THE ECONOMIC-COACTIVE?

This is a special execution where the State, through the administrative bodies, is
always the plaintiff, against the existence of an executive title and which pursues the
fulfillment of an obligation of the individual in favor of the state.

WHERE IS THE ECONOMIC-COACTIVE REGULATED?

Decree 1126 of Congress "Organic Law of the Court and Comptroller of Accounts" and
Decree 6-91 of Congress "Tax Code"
The exclusive purpose of the economic-coercive process is to learn about the
procedures to obtain payment of debts in favor of the Treasury, municipalities, autonomous
entities and decentralized entities.

WHAT ARE THE PROCEDURAL PRINCIPLES OF ECONOMIC-COACTIVE?

- Promotion of trade (Art. 104 of 1126)
- It is anti-formalist: no help is needed, no laws are cited, in case of emergency it can be
managed verbally although it must be in writing.
- Supplementary Laws: CPCYM, LOJ (Art. 107 of 1126 and 185 of 6-91).

WHAT ARE THE REQUIREMENTS TO PRESENT THE CLAIM?

Supplementally 61 of the CPCYM

INDICATE WHAT HEARING IS GIVEN TO THE DEFENDANT?

- according to the art. 84 of 1126 3 days or default, if exceptions are opposed or filed
within the same term, the MP and the Respondent are ordered to be heard for 5 days.
- according to Art. 174 of 6-91 5 days to oppose or assert your exceptions. If it involves
the execution of sentences, only exceptions arising after the same will be admitted.

WHAT EXCEPTIONS CAN BE RAISED AND WHAT TERMS?

All the necessary ones and if 1126 is applied in 3 days but if 6-91 is applied in 5
business days.

WHAT IS THE COACTIVE ECONOMIC TRIAL PERIOD?

- If 1126 is used, Art. 86 the trial period for exceptions can be 6 days, no day will be set for
the hearing upon its expiration and resolution.
- If 6-91 is used, Arto. 176 the trial period is 10 days, there is no extraordinary trial period.

EXPLAIN THE THIRD PARTY IN THE COACTIVE ECONOMIC?

- Applying 1126 Artos. 91,92,93 and 94.
- Applying 6-91 Artos. 179, 180 and 181.

IN WHAT PERIOD IS THE SENTENCE GIVEN IN THE ECONOMIC-COACTIVE?

- Disc. 1126, Art. 86 after the six-day test without a day for vision.

24
 - Disc. 6-91, Art. 178 the deadline for opposing or testing has expired.

WHAT RESOURCES COME IN THE COACTIVE ECONOMIC?

- Appeal Art. 101 of 1126 and 183 of 6-91
- Clarification and Expansion Art. 100 of 1126 and 183 of 6-91.
- Review, Art. 102 of 1126.

HOW ARE COASTS REGULATED IN THE COACTIVE ECONOMIC?

- Disc. 1126 does not express anything so the CPCYM is supplementary
- Disc. 6-91 Art. 182.

WHAT DOES ADMINISTRATIVE INACTION CONSIST OF?

It is when the public administration does not resolve the files, in which individuals
have carried out some action or in a file initiated ex officio, in this case there is a delay or
delay in resolving and it falls within the legal figure of Administrative Silence.

WHEN DO DELAYS AND DELAYS OCCUR?

They occur when within a procedure in which the individual or administrator has not
been notified and there is a procedure initiated within the public administration against him.
In this case, there are no legal consequences legally assigned to such a situation.

WHAT IS ADMINISTRATIVE SILENCE?

It is the legal figure in which the administrative body endowed with administrative
jurisdiction does not resolve the requests or challenges of the administered parties.

WHAT CONDITIONS ARE NECESSARY FOR ADMINISTRATIVE SILENCE?

- that the public administration must legally do or resolve something
- that there is a deadline set in the law or regulation and that it passes without the
administration making a statement or acting, regardless of whether or not there is an
administrative procedure.

WHEN ADMINISTRATIVE SILENCE OF A SUBSTANTIVE NATURE OCCURS?

They occur when it is a Petition Originating from the individual, in this case the
individual makes a request based on the Political Constitution and the resolution or
administrative decision to which the administration is obliged is not obtained.

WHAT OPTIONS DOES THE INDIVIDUAL HAVE WHEN ADMINISTRATIVE SILENCE OF A

SUBSTANTIAL NATURE OCCURS?
- Consent to the silence of the public administration and wait indefinitely for the resolution.
- Do not accept the silence of the public administration and appeal through amparo, so that a
jurisdictional body sets a peremptory term for the public official to proceed to issue the
administrative resolution.
- In some cases the law contemplates that Administrative Silence is equivalent to a favorable
resolution.

25
WHEN ADMINISTRATIVE SILENCE OF AN ADJECTIVE NATURE OCCURS?
It occurs when the silence of the public administration appears due to lack of
resolution in the face of an appeal against an administrative resolution. We affirm that the
silence is of an adjective nature, since it is procedural in nature.

WHAT ARE THE LEGAL EFFECTS OF ADMINISTRATIVE SILENCE OF AN ADJECTIVE NATURE?

- That the appeal is considered resolved unfavorably and because the administrative route
has been exhausted, which gives rise to the Contentious-Administrative.
- When a negative act (ficta decision) is born into legal life, the administration is legally left
without the power to resolve the administrative appeal once the deadline has expired.

AS A THIRD EFFECT OF ADMINISTRATIVE SILENCE OF AN ADJECTIVE NATURE, WHAT

OPTIONS DOES THE INDIVIDUAL HAVE?
- In the event of this type of administrative silence, the individual can make use of his or her
right to judicial action, through administrative litigation.
- The individual can accept the administrative silence of the body and let time pass and wait
indefinitely for the resolution of the appeal.
- The filing of an Amparo, for the sole purpose of forcing the administration to resolve
(section f. Art. 10 of the Protection Law).

WHAT ARE THE EFFECTS (EXCEPTIONALLY AND IN GUATEMALAN LEGISLATION) OF

ADMINISTRATIVE SILENCE OF A SUBSTANTIAL NATURE?
- Art. 23 Discount 1427 "Urban Parceling Law" in which it is established that if the
Municipality does not resolve a request for authorization to divide or dismember, within a
period of thirty days, the authorization will be considered granted.
- Art. 57 Discount 57-92 "State Contracting Law" Which refers to the request for approval of
the Liquidation project presented by the contractor and establishes that if no resolution is
obtained in this regard, the resolution will be considered favorably resolved. Art also
confirms it. 31 of the Regulations of said law.

WHAT ARE THE EFFECTS (IN GUATEMALAN LEGISLATION) OF ADMINISTRATIVE SILENCE

OF AN ADJECTIVE NATURE?
- Art. 7th. of the Contentious-Administrative Law which regulates that if the minister of state
does not resolve the appeal for revocation or reinstatement within a period of 30 days, the
administrative route is considered exhausted and the proceeding can be made through
judicial means.
- Art. 157 of the Tax Code, which regulates that if after a period of one month has elapsed,
counted from the date on which the actions are in a state of resolution, the administrative
instance will be considered exhausted and the appeal for revocation or reinstatement will be
considered unfavorably resolved. and the individual can proceed through the Contentious-
Administrative.

WHAT DOES PARLIAMENTARY CONTROL OVER GOVERNMENT ACTS CONSIST OF?

26
 It is a legal figure that consists of the control exercised by Parliament over the acts of
public officials, through the invitation, summons or Interpellation of Ministers of State.

WHAT IS INTERPELLATION?
It is the legal-political figure, through which parliament controls the acts and
administrative policies of the Ministers of State. It is regulated in Art. 166 of the Constitution.

WHAT ARE THE EXCEPTIONS TO THE INTERPELATION OF MINISTERS?

- Diplomatic Affairs
- Pending military operations.

IN GENERAL FORM, WHAT IS THE INTERPELLATION PROCEDURE CONTAINED IN THE

CONSTITUTION?
- When one or several ministers have to be questioned (no more than 4), the basic questions
must be communicated 48 hours in advance. No authority can limit deputies' right to
question, qualify questions or restrict them.
- Any deputy may ask additional questions that he or she considers appropriate, related to
the matter that motivates the interpellation.
- Once the question is raised, the minister cannot leave the country or excuse himself in any
way.
- If the answers are not satisfactory, a vote of lack of confidence can be derived, approved by
the majority of all deputies.
- If the vote of lack of confidence is given, the minister must resign.
- The President of the Republic has the power to accept the resignation of the minister.
- The President may also consider in the COUNCIL OF MINISTERS that the reprehensible act
or acts of the minister conform to national convenience and government policy. The person
questioned may appeal to Congress within 8 days from the vote of lack of confidence. If he
does not appear before Congress, he will be separated from his position and will be
disqualified from holding office for a period of no less than 6 months.
- If the minister attends the congress, after hearing the explanations presented and
discussing the matter and expanding the interpellation, a vote will be taken on the
ratification of the vote of lack of confidence, in which case the affirmative vote of 2 thirds of
the total is required. of deputies.
- If the vote of lack of confidence is ratified, the minister will be immediately removed from
his position.
- The same procedure is used when there are several ministers.

WHAT IS THE CITATION?

It means that the Ministers of State and all public officials and employees are obliged
to go to Congress, when it or its commissions or legislative blocks consider it necessary, in
order to clarify some situations related to business or the powers exercised by officials. or
public employees.

WHAT IS ADMINISTRATIVE CONTROL?

27
 It is one that is developed within the sphere of public administration.

WHAT IS OFFICIAL OR HIERARCHICAL CONTROL?

It is what the hierarchical superior exercises over subordinates. It is also called
indirect, since it is internal and the individual does not intervene in this activity and there is
no prior notification to it. For this type of control to occur, the following elements must
occur:
- That there is full hierarchy between the bodies, that they have the same competence.
- That control is given prior to the act of notification to the individual, since if notification is
given, only the individual can request control. The case of ex officio revocation is excepted.

WHAT IS TECHNICAL CONTROL?

It is an administrative control, carried out by the specialized bodies of the Public
Administration on administrative bodies with jurisdiction. It can be internal (the
Comptroller General of Accounts) and external (Superintendence of Banks over Private
Banks and Financial Institutions).

WHAT ARE ADMINISTRATIVE REMEDIES OR CHALLENGES?

They constitute a legal means available to the individual, whose rights or interests
are affected by a specific administrative act, to obtain, in legal terms, from the administrative
authority a review of the act itself, so that said authority can revoke it, annul it. or reform it if
its illegality or inappropriateness is proven.

WHAT IS THE LEGAL NATURE OF THE REMEDY OR MEANS OF ADMINISTRATIVE

CHALLENGE?
This is an ADMINISTRATIVE DECISION and not a jurisdictional decision.

WHAT IS THE CONTROL SYSTEM IN DELEGATED JUSTICE?

It only exists in the French Public Administration, and means the power that the law
granted to the administration itself to administer justice on behalf of the French public,
through an Administrative Court, which hears the controversies derived from the
administrative conflicts that occur. within the Public Administration and individuals.

WHAT IS THE CONTROL SYSTEM IN RETAINED JUSTICE?

In this system there is a special Contentious-Administrative Court, attached to the
Judicial Branch, which is granted powers to hear in cases of dispute over acts or resolutions
of the public administration.

WHAT ARE THE CHARACTERISTICS OF THE MEANS OF CHALLENGE OR ADMINISTRATIVE

RESOURCES?
a) the existence of an administrative resolution that affects a right or legitimate interest of
the appellant.
b) The establishment in law of the administrative authorities to whom the appeal must be
presented. In the Case of Guatemala there are many names of administrative resources and

28
 diversity of processes for each of them.
c) Setting the period within which the appeal must be filed.
d) Form requirements and elements that must be included in the document filing the appeal.
In Guatemala, not everyone has the requirements indicated, as an example of those that are
indicated are: The resources indicated by the Tax Code and those of the Central American
Convention for the Protection of Industrial Property.
e) Establishment of a procedure for processing the appeal. In Guatemala there is no
unification regarding the procedures to be used.
f) The obligation of the reviewing authority to issue a new resolution regarding the
substance of the matter.

WHAT ARE THE ELEMENTS OF ADMINISTRATIVE REMEDIES OR MEANS OF CHALLENGE?

a) The Administrative resolution that affects the interested party: there must necessarily be
a resolution, which must be legally notified and that affects the rights and interests of
individuals and which has not acquired the quality of finality.
b) Challenged Authority: in order for an administrative resolution to be challenged, it is
necessarily conditional on it having been issued by an administrative body, which exercises
administrative jurisdiction.
c) Legal Existence of the Means of Challenge: the means of challenge must exist, otherwise
there is no way to challenge, at least through administrative means, the administrative
resolution that affects the rights and interests of the individual. The Department 45-83 of the
President of the Republic resolves this circumstance by establishing the application of the
arts. 7 and 8 of the Contentious-Administrative Law to cases in which the special law of the
bodies does not contemplate prior proceedings or administrative resources.

GENERALLY INDICATE WHAT THE PHASES OF THE ADMINISTRATIVE CHALLENGE

PROCEDURE ARE:
a) That there is an administrative resolution: that must be legally notified and that affects
the interests and rights of individuals.
b) The legal existence of an administrative resource or means of challenge: Apply the Dto.
45-83 of the President of the Republic or what is regulated by the specific law.
c) Deadline to raise the Means of Challenge or Administrative Appeal: generally it is 3 days
but the specific law may establish another.
d) Intermediate procedures: refers to the case in which the appeal is submitted to a
subordinate body, who must submit the file to the hierarchical superior. Guatemalan
legislation does not establish a specific period but only indicates in many cases that it must
be immediately and in others cases the deadline is specifically indicated.
e) Body that must issue the administrative resolution to the appeal raised: it may be the
hierarchical superior or the same body.
f) The period to resolve the appeal: which is generally 30 days.
g) Hearings and opinions: in many cases some mandatory and other optional opinions are
regulated, such as a hearing before the Attorney General's Office and, in the case of the
Municipality, a prior opinion from the Trustee.
h) Effects of the lack of resolution of the Appeal: in some cases the appeal is considered

29
 unfavorably resolved and the administrative route is exhausted, which gives rise to the
Contentious-Administrative appeal. In other cases the law does not mention effects for this
administrative silence, so the body must be forced to resolve through Amparo or wait
indefinitely.
i) Conclusion of the Appeals: when the appeal is resolved unfavorably, that is, the contested
resolution was confirmed, which implies that the resolution caused a state, and therefore the
administrative route was exhausted and must proceed through judicial means.
j) Judicial Route: through Contentious-Administrative; Labor and Social Security Courts, or
the public administration resort to the Economic-Coercive route.

WHAT ARE THE MEANS OF JUDICIAL CONTROL OF ADMINISTRATION ACTS?

- The Contentious-Administrative
- The Amparo Process

WHAT IS THE ORIGIN OF THE CONTENTIOUS-ADMINISTRATIVE DISPUTE?

It arises as a consequence of the birth of Administrative Law and the need to have a
means of control, for individuals, to have the opportunity to challenge the resolutions and
decisions of the Public Administration.
WHAT ARE THE CHARACTERISTICS OF ADMINISTRATIVE LITIGATION?
a) that it is not a resource, but a true knowledge process.
b) which is a process that is known and resolved within a judicial body
c) its jurisdiction is aimed at hearing controversies that arise from the relationships that
exist between the Public Administration and individuals.
d) It is heard by a collegiate court, made up of three regular magistrates and three
substitutes.

WHAT ARE THE CONTENTIOUS-ADMINISTRATIVE SYSTEMS?

- The French system: in this system there is a body that is attached to the Public
Administration, which is called the Council of State and which is in charge of resolving
disputes that arise between the Public Administration and individuals.
- The Saxon or English system: in this system there is no body that resolves disputes that
arise between the Public Administration and individuals, but everything related to relations
between the State and the Administered is regulated by Common Law.

WHAT ARE THE TYPES OF ADMINISTRATIVE LITIGATION?

In Guatemala there are, according to the Tax Code, two chambers: the Contentious-
Administrative Chamber in tax matters and the Administrative Chamber (only the latter
currently functions).

WHAT ARE THE DEFINITIONS OF ADMINISTRATIVE DISPUTE REGULATED BY

GUATEMALAN LAW?
- The constitution, although not expressly, defines it as a process.
- The Contentious-Administrative Law as a resource.
The most advisable thing is to define it as a process.

30
WHAT IS THE LEGAL REGULATION OF ADMINISTRATIVE DISPUTE?
Art. 221 of the Political Constitution of the Republic of Guatemala, the Contentious-
Administrative Law, as well as other aspects regarding its origin in the Department. 45-83 of
the President of the Republic, Tax Code, Municipal Code, Law of Government and
Administration of the Departments and others.

WHEN DOES ADMINISTRATIVE LITIGATION PROCEED?

a) against the resolutions to an Administrative Appeal, with which the administrative route
is exhausted.
b) because the administrative body does not resolve an Administrative Appeal, as regulated
by the Artos. 8 of the Contentious-Administrative Law and 157 of the Tax Code.
c) when a resolution already approved by the interested parties is revoked due to an error in
calculation or fact.
d) for the interpretation of Administrative Contracts.

WHAT IS THE LEGAL REGULATION OF AMPARO?

Primarily in art. 265 of the Political Constitution of the Republic.

WHEN DOES THE AMPARO PROCEED?

There are several cases, mainly see the Artos. 10 and 19 of the Law of Amparo,
Personal Exhibition and Constitutionality.

WHAT ARE THE ELEMENTS OF PUBLIC SERVICES?

a) Technical service: means that in every public service there must be a technique; Legal
activity can be associated with technical activity, since one does not exclude the other.
b) Regular and continuous: it is the external sign of its operation.
c) Provided to the public: that is, to all inhabitants considered individually equal.
d) Satisfy a public need: the service provided must satisfy a need of general interest.
e) Public organization: the public service is an organization composed of administrative
authorities that represent the power element, and officials, employees or execution agents
that represent the technical competence element.

WHAT ARE THE CHARACTERISTICS OF THE PUBLIC SERVICE?

a) Generality: the public service is essentially characterized by generality, which implies that
all inhabitants of the state have the right to use public services, in accordance with the
regulations that establish them.
b) Equality or Uniformity: equality in the provision, from the point of view that we are all
equal before the law, and that tax burdens, rates and payment for public services must be
distributed equally among all inhabitants. And from the point of view of the rates that the
user of public services must pay for its provision, that is, all users must obtain the same
benefit through an equal payment.
c) Regularity: the public service must be provided in accordance with the legal or regulatory
standards that govern its provision and not in an arbitrary manner (not to be confused with

31
 continuity).
d) Continuity: the public service must be provided without interruptions, that is, it cannot be
stopped.
e) Obligation: the state has the obligation to provide or guarantee the public service; it must
not discriminate in the provision of the service.

WHAT KINDS OF SERVICES EXIST? (According to Lic. Godínez Bolañ os)

a) By the entity that provides them:
- Direct: are those organized and maintained by the State through its agencies and
entities.
- Indirect: provided by individuals through authorizations and concessions, with
rates controlled by the State and subsidies if necessary so as not to interrupt or raise
rates.
b) Because of its importance:
- Essential: are those whose existence is of imperative necessity for human life and
cannot fail to be provided (water, health, communications, etc.)
- Non-essential: (or discretionary) are those that can stop be provided
without affecting the population and are the result of life modern (luxury
transportation, cable system).
c) For its continuity:
- Permanent: permanent public services that cannot be interrupt at any time, cause or
circumstance (hospitals).
- Non-permanent: are those that are provided accidentally or in a case of emergency
and are provided for social unrest, disasters natural (preventive health days).
d) Due to its Territorial Scope:
- National: when the public service is provided throughout the territory of the
Republic.
- Regional: when the public service is directed to a region determined.
- Departmental: when the sp can be lent at a certain Department.
- Municipal: when it is appropriate to provide them within the respective municipality,
which corresponds to the municipalities.

DEFINE THE PUBLIC SERVICE: (According to Lic. Godinez).

The set of activities carried out by the State directly or indirectly, with the purpose of
satisfying social needs, serving the population, by constitutional imperative in exchange for
payment of taxes, fees and other contributions paid by those administered.

POINT OUT THE DIFFERENCES AND SIMILARITIES BETWEEN PUBLIC SERVICES AND SOCIAL
SERVICES:
- Social services aim to improve living conditions, generally in the field of health and social
security, which pursue assistance purposes, are not lucrative, generally tend to be
directed at people with limited resources and who cannot pay for the services.
private, meaning that the benefit is limited.
- Public services pursue lucrative purposes, which can be provided by the State or by

32
 individuals. Public services do not have limited access, they are provided to any
person who needs such provision and users must pay the price of an authorized rate
for the provision of the same.

WHEN IS THE DIRECT PROVISION OF PUBLIC SERVICES GIVEN?

When they are provided by the Public Administration and its decentralized entities.

WHEN IS THE INDIRECT PROVISION OF PUBLIC SERVICES GIVEN?

When they are provided through private individuals or legal entities, through
administrative concessions, through which individuals are granted the power to provide
public services.

WHAT IS THE CONCESSION?

It is a mixed act composed of three elements:
- It is a regulatory act, since it establishes the rules to which the organization and operation of
the public service must necessarily be conditioned.
- It is a conditional act, since it is the one that conditions, as its name indicates, the powers
that the concessionaire must comply with the powers that the law grants him, as well
as the obligations.
- It is a contract, since it involves the clauses through which the administration grants the
concession and where the rights and obligations of both the concessionaire
companies and the administration are established.

HOW IS THE GRANTING OF CONCESSIONS REGULATED IN GUATEMALA?

In articles 32 and 33 of the Municipal Code.

INDICATE WHAT IS REGULATED IN THE LAWS OF GUATEMALA TO THE INTERVENTION OF

PUBLIC SERVICES IN GUATEMALA:
In Guatemala, public services can be intervened, which is regulated within article 120 of the
Constitution, which establishes that in case of force majeure and for a strictly necessary
time, companies that provide essential public services for the community can intervene,
when its operation is hindered. The procedure for the intervention of municipal public
services is also regulated in article 34 of the Municipal Code. As well as article 35 of the
aforementioned Code, which establishes the assumptions that must occur for the body to
exercise its power to revoke concessions.

WHAT ARE STATE COMPANIES?

These entities constitute one of the means of state intervention.

WHAT ARE THE RULES THAT GOVERN FOR THIS KIND OF COMPANIES?
to) By acting in the eminently private field, the state agrees to submit in principle to
Private Law and the rules of supply and demand.
b) The state continues to act with its sovereignty, that is, it continues to act as a state and does

33
 not abandon all its prerogatives and privileges, which can be observed in the control that the
state must exercise over these companies.

WHAT ARE MIXED ECONOMY COMPANIES?

They are a new means of managing public services and in this way the state
associates itself with individuals, in commercial companies, generally, through public limited
companies. They include contributions to the company's capital by the administration and
contributions of private capital. Normally the state acquires the majority of the shares in
order to have effective control within the Board of Directors of the company. (Ex. EGSA)

WHAT ARE PUBLIC UTILITY ESTABLISHMENTS?

These are institutions that the state declares as public utility entities, e.g. Red Cross,
Volunteer Firefighters.

WHAT IS MEANT BY NATIONALIZATION OR NATIONALIZE?

It is understood the incorporation into the nation of all goods and means of
production, or a part of them, removing them from the activity or perhaps more properly
from the property of individuals. This is how it is said that a public service or an industry has
been nationalized by the State, when private entrepreneurs are eliminated from them so
that the state becomes their entrepreneur.

WHAT DOES PRIVATIZATION MEAN?

It means the opposite of nationalization, because in this case, given the impossibility
of the state to provide the public service, it transfers it to private persons, so that they can
provide the public service.

WHAT IS THE WORLDWIDE TREND IN THIS SENSE?

The global trend is the privatization of public services, given the inefficiency of public
administration bodies and state companies that leave margins of loss, which has to be
absorbed by the State. The problem it brings is the increase in the cost of public service.

WHAT IS THE CASE OF GUATEMALA IN THIS RESPECT?

The trend in Guatemala is to decentralize the public service through the Urban and
Rural Development Council, for example. There have been attempts to privatize some state-
owned companies, e.g. FEGUA, INDE, but they have only been attempts.

WHAT DOES THE CONSTITUTION REGULATE IN THIS RESPECT?

see the art 82 (USAC), 100 (SOCIAL SECURITY), 134 (AUTONOMY).

WHAT ARE THE DIFFERENCES BETWEEN ADMINISTRATIVE, CIVIL AND COMMERCIAL

CONTRACTS?
The most notable differences are:
to.) that in administrative contracts one of the parties is the public Administration and
that the competence of the bodies is regulated by administrative law and within the

34
 same administrative law, formal requirements and special solemnities are regulated
in their creation, which are different of those required by civil law.
b.) Administrative laws impose special procedures to reach the contract, while in civil or
commercial law what matters is only the will of the parties.

WHAT ARE THE CHARACTERISTICS OF ADMINISTRATIVE CONTRACTS?

to.) Preference of the State: the public administration, vested with public power, imposes
its conditions to contract and, where appropriate, to force coercive compliance with
the contract.
b.) Exorbitation of its clauses: the administrative contract has exorbitant clauses of
private law. This means that some of the conditions contained in the clauses would be
invalid in a civil or commercial contract, but not in administrative matters, due to the
legal good that is protected, which is the social interest.
c.) Special principles: within the administrative contract, the principle that public law
prevails over private law is applied.
d.) Special Jurisdiction: conflicts arising from the fulfillment or interpretation of
administrative contracts are submitted to a special exclusive jurisdiction, which is the
Administrative Litigation Court.

WHAT ARE THE ELEMENTS OF ADMINISTRATIVE CONTRACTS?

to.) SUBJECTS: within the administrative contract there are necessarily two parties,
because it is bilateral, the state and its entities and a private individual or legal
person.
b.) THE MANIFESTATION OF THE WILL OF THE SUBJECTS: both the state and its entities
and the individual or legal entity must freely express their will. In this case, the state
cannot make use of the exercise of its sovereignty to impose a contract on individuals.
c.) CONTENT: must refer to legal, certain and determined facts, related to the
patrimonial management of the State.
d.) THE FORM : it must be in writing with or without notarial intervention, as
established by law.

WHAT ARE THE PRINCIPLES THAT APPLY TO THE ADMINISTRATIVE CONTRACT?

to.) Equality of the State vis-à -vis individuals: the state must place itself on the same level
as individuals in order to contract.
b.) Manifestation of will: both the state and individuals or legal entities must express
their will.
c.) Do not alter Public Order: within the administrative contract, care must be taken to
ensure that public order is not altered.
d.) Compliance with formalities: within the administrative contract, the formalities,
normally contained within Administrative Law, must be observed.
and.) Compliance with procedures: for the signing of administrative contracts, care must
be taken to comply with the previous procedures contained in the law.
F.) It must be directed to the fulfillment of the purposes of the state: every
administrative contract must implicitly imply the purpose intended by the public

35
 administration.

WHAT ARE THE TYPES OF ADMINISTRATIVE CONTRACTS?

to.) Public Works Contract: are aimed at the construction, modification, reconstruction or
maintenance of a building or some work of public utility.
b.) Supply Contract: through the supply contract, the state obtains goods, furniture,
office materials, etc. with which the administration carries out its activity.
c.) Concession of Public Services: the concession contract, as we already explained, is the
one through which the State entrusts individuals with the provision of public
services.
d.) Contract for Services to the State: this contract is one in which an individual provides
some service to the State, Ex. machinery maintenance.
and.) Professional Consulting Contract: through this contract, companies specialized in
consulting, professionals and technicians provide the State with a special service, e.g.
feasibility studies.
F.) Exploitation and Exploration of Non-Renewable Resources: the primary objective of
this contract is to grant individuals or legal entities the exploitation and exploration
of hydrocarbons, which by constitutional mandate are property of the State.

WHAT IS THE DEFINITION OF AN ADMINISTRATIVE CONTRACT?

Administrative contract is a declaration of will of the state, through its centralized
bodies and autonomous and decentralized entities, with an individual or collective, private
or public, national or international, with the commitment of the former to pay fees or a price
for the activity, service or good, provided by the contracting party, under the conditions
established in the public order laws and subject in case of conflict or non-compliance to the
exclusive jurisdiction of administrative litigation.

WHAT DOES THE THEORY OF UNPREVISION MEAN?

It means that when exceptional and abnormal events occur, unforeseeable and
foreign to the parties, which make the contracting party's situation more onerous, with the
danger of bankruptcy, an extracontractual state is produced, which means that it is no
longer the situation foreseen within the contract. The contracting party is obliged to
continue complying with the contract and the administration grants compensation for the
losses suffered by the contracting party due to exceptional events. It is normally given in the
concession contract and is commonly called SUBSIDIES.

WHAT DOES THE FINANCIAL EQUATION (INDEXATION) CONSIST OF?

It consists of price fluctuation, which is understood as price fluctuation in more
(increase) or less (decrease) suffered by the costs of goods, supplies, services and works,
based on the prices that appeared in the offer of successful bidders and those incorporated
into the contract. This fluctuation is recognized by the parties and they accept them for
payment or deduction. This is regulated in the Department. 57-92 of the Congress of the
Republic "State Contracting Law" and its regulations.

36
WHAT DOES THE IMPACT CONSIST OF?
It means the subjection of a property to the special regime of public domain, due to
the public utility for which it is intended. It presupposes a power of disposition and is an
administrative legal act with specific effects that differs from the usual administrative acts in
that it has no recipient, it is directed at one thing. The affectation occurs through the
procedure of forced expropriation, the affectation requires the procedures established
within the State Contracting Law.

WHAT IS DISAFFECTATION?
Disposal occurs when the public administration removes the assets it owns from its
inventories and transfers them, through the procedures established by law, to the property
of individuals, through public auction procedures.

WHAT IS THE LEGAL REGULATION OF THE STATE PROCUREMENT PROCEDURE IN

GUATEMALA?
Disc. 57-92 whose main purpose is to regulate those related to the purchase, sale and
contracting of goods, supplies, works and services required by state agencies, their
decentralized and autonomous entities, executing units, municipalities and public
companies. state or municipal.

WHAT ARE THE SYSTEMS FOR MAKING PURCHASES WITHIN THE STATE THAT ARE
REGULATED IN THE STATE PROCUREMENT LAW?
- quotation system
- the open contract
- public tender regime
- direct purchase
(Mining and oil activities are excepted from the application of this law, and must be carried
out in accordance with their own laws and regulations).

WHAT IS THE ONLY BODY THAT HAS COMPETENCE TO RECEIVE, QUALIFY OFFERS AND
AWARD THE BUSINESS?
The Tender Board and the Quotation Board (Art. 10 of 57-92)

WHAT DOES THE PUBLIC TENDER REGIME CONSIST OF?

This is a special procedure to which the purchase, sale and contracting of goods and
supplies, works and services required by state agencies and their decentralized, autonomous
entities, etc. must be subject. It is carried out by a collegiate body, making its decisions by
deliberation and voting. Artos. 17 to 37.

WHAT DOES THE QUOTE REGIME CONSIST OF?

This system works when the price of goods, works, supplies and services exceeds ten
thousand quetzales and does not exceed the amounts established by law. Artos. 38 to 42.

EXPLAIN DIRECT PURCHASE:

37
 It occurs when the amount does not exceed ten thousand quetzales, they will be
carried out under the responsibility and prior authorization of the higher authority of the
interested State entity. Artos. 43 to 45.

EXPLAIN THE OPEN CONTRACT:

It occurs in cases of purchase of goods or supplies carried out by state agencies and
agencies established by law, who may do so directly with the suppliers with whom the
Ministry of Public Finance, prior supplier qualification, quotation and awarding, of the
different items, would have entered into open contracts. Artos. 46 of the law and 25 of the
Regulation.

WHERE IS REGULATED REGULATIONS REGARDING THE DISPOSAL AND TRANSFER OF

STATE PROPERTY?
Art. 89 of the discount 57-92.

WHEN IS THERE NORMAL TERMINATION OF ADMINISTRATIVE CONTRACTS?

When it ends due to compliance with the conditions agreed within the administrative
contract and in which there has been no variation, this implies having complied with the
delivery of goods, provision of services, creation of works and the administration has also
complied with the payment. .

WHEN IS THERE AN ABNORMAL TERMINATION OF ADMINISTRATIVE CONTRACTS?

when they end for any of the following reasons: (some)
- for fulfillment of its purpose before the deadline
- due to failure to fulfill its purpose after the deadline has expired
- due to non-compliance of the contracting party
- due to non-compliance of the contractor
- by bilateral termination of the contract
- due to unilateral termination of the contract
- due to material impossibility of completing the work, service or delivery of goods
- due to the material impossibility of making payment for the work, service or goods by the
state.

WHAT JURISDICTION APPLIES IN CASE OF A DISPUTE ARISING OUT OF AN

ADMINISTRATIVE CONTRACT?
That of the contentious-administrative court.

ADMINISTRATIVE LAW II

WHAT IS THE LEGAL SCOPE OF PUBLIC ADMINISTRATION?

This area ranges from the Constitution of the Republic (within which almost the
entire State is structured) to the regulations, including ordinary laws and international
treaties or agreements.
Administrative bodies must submit their actions strictly to what is stated in the law

38
 and taking into account the principles of: Legality and Legality.
The primary goal of every administrative body is the common good, and the means it
uses to achieve it is public service.

WHAT IS COMPETITION?
These are the powers and functions that the law grants to the Administrative Bodies.
Only the law can grant powers.

WHAT IS STRUCTURE?
It is the way it is hierarchically constituted and the position it occupies. (within the
Public Administration)

WHAT IS THE PROCEDURE?

It is a matter of the Administrative Regulation, since it is the one in which the form in
which the Public Service must be provided is reflected.

WHAT IS CONTROL?
It is made up of a set of administrative resources and judicial processes, which are
available to individuals in the event that the AP affects the interests of those administered.

WHAT ARE THE KINDS OF CONTROL?

a) internal or indirect: from superiors to their subordinates;
b) respect for human rights: through the PDH;
c) control of the expenditure of public funds: exercised by the CGC;
d) constitutional control: exercised by the CC;
e) external or direct control: exercised through administrative resources;
f) judicial control: exercised by the Contentious-Administrative Court.

WHAT ARE FINANCIAL RESOURCES?

They are taxes, excise taxes, special contributions, loans to financial institutions with which
the State fulfills its maximum purpose. (common good)

WHAT IS LEGISLATIVE ACTIVITY?

It is developed by the Legislative Body in the promulgation of laws that benefit the
population.

WHAT IS JUDICIAL ACTIVITY?

It is what is carried out through the Judicial Branch, when dispensing justice. All
these activities must be founded on law and based on the principle of legality and legality.

WHAT IS THE POLITICAL SCOPE OF PUBLIC ADMINISTRATION?

Here, when acting within the political sphere, the Public Administration must take
into account the philosophical and ideological principles embodied in the Constitution of the
Republic. This function is fulfilled by the higher bodies of decession: President, Vice

39
 President, Ministers and Congress of the Republic.

WHAT IS THE PARLIAMENTARY SYSTEM?

It is characterized by the existence of a division between the political function
(entrusted to a king) and the administrative function (entrusted to a Prime Minister or
President of the Council of Ministers); In it, the Ministers of State are competent bodies,
which is why the figure of interpellation is given.

WHAT IS THE PRESIDENTIALIST SYSTEM?

Its main characteristic is the unification of administrative and political functions in a
single person: the President of the Republic. There are no Ministers of State, but rather
Secretaries, which are not competent bodies. In conclusion, we can affirm that the system
used in Guatemala is a mixture of presidentialism and parliamentarism, although more
inclined to the former.

WHAT IS THE ORIGIN OF THE PRESIDENCY OF THE REPUBLIC?

It arises due to the influence of the presidential system implemented in the United
States, where the president was attributed the double status of: Head of State and
Hierarchical Superior of the Public Administration.

WHAT IS THE LEGAL REGULATION OF THE PRESIDENCY OF THE REPUBLIC?

It is found in the Constitution of the Republic, specifically in articles 182 to 189. It is
in article 182 where we find the double function exercised by the president, since it
indicates that he is the head of State and that he exercises the functions of the EO.

WHAT ARE THE POWERS OF THE PRESIDENCY OF THE REPUBLIC?

They are regulated in article 183, the main ones are:
a) exercise command of the armed forces and of the entire public force.
b) sanction, execute, promulgate and enforce laws; issue decrees, as well as regulations,
decrees and orders to enforce the laws.
c) present bills to the Congress of the Republic.
d) Coordinate and preside over the Council of Ministers.

WHAT ARE THE DUTIES OF THE PRESIDENCY OF THE REPUBLIC?

Perhaps the most important of all is the one indicated in article 154, which says that:
officials are repositories of authority, legally responsible for their official conduct, subject to
the law and never superior to it. Another important aspect of this article is that it indicates
that the public function cannot be delegated, except in cases indicated by law.

WHAT IS THE POLITICAL ACTIVITY AND ADMINISTRATIVE ACTIVITY OF THE PRESIDENCY

OF THE REPUBLIC?
to.) Political activity: It is what the president carries out in his capacity as Head of State,
and is aimed at fulfilling his primary purpose, that is: the common good.

40
 b.) Administrative activity: Administrative activity is carried out by the President of the
Republic as Head and Hierarchical Superior of the Guatemalan Public Administration.
This activity is carried out with his Ministers of State and other subordinate bodies,
which are within the centralized hierarchical scale. Guatemalan.

WHAT ARE THE RESPONSIBILITIES OF THE PRESIDENCY OF THE REPUBLIC?

Every official who exercises some type of competence will necessarily have
responsibilities. In the case of the President of the Republic, he has double responsibility,
firstly as Head of State (political responsibility) and secondly as the hierarchical superior of
the Public Administration, his responsibility is administrative. In addition, public officials
may incur other types of liability, such as criminal and civil liability.

WHAT ARE THE SUBSTITUTION SYSTEMS IN THE PRESIDENCY OF THE REPUBLIC?

The replacement systems for the President of the Republic are contained within art.
187 to 189 of the Constitution of the Republic.
The first is for elections that must be held every 4 years; The second is when the
president is absent temporarily or absolutely, and must be replaced by the vice-president. If
both are altar, the person designated by the Congress of the Republic with the favorable vote
of 2/3 of the total number of deputies will complete the constitutional period.

WHAT ARE THE REQUIREMENTS TO APPLY FOR THE POSITIONS OF PRESIDENT AND VICE
PRESIDENT?
a) be Guatemalan by origin; (144)
b) be a practicing citizen; and (147)
c) be over forty years of age.

WHAT ARE THE PROHIBITIONS TO APPLY FOR THE POSITIONS OF PRESIDENT AND VICE
PRESIDENT?
to.) Caudillo or leaders of a coup d'état, armed revolution or similar movement, which
has altered the constitutional order, nor those who as a consequence of such events
assume the Head of Government;
b.) The person who exercises the Presidency or Vice Presidency of the Republic when
the election for said position is held or who has exercised it during any time within
the presidential period in which the elections are held;
c.) Relatives within the fourth degree of consanguinity and second degree of affinity of
the President and Vice President of the Republic when the latter is exercising the
Presidency, and those of the people referred to in the first paragraph of this article;
d.) Whoever had been Minister of State, during any time in the six months prior to the
election;
and.) Members of the army, unless they are on leave or retired at least 5 years before the
date of the call;
F.) Ministers of any religion or cult;
g.) The TSE magistrates

41
h.) The person who has held the position of President for any period of time by popular
election, or who has held the position for more than two years replacing the
incumbent, may not hold it again in any case.
Re-election and extension of the mandate are punishable. The mandate intended to be
exercised under any of these conditions is void.

WHAT IS THE PRESIDENTIAL CABINET?

It is made up of the members of the Council of Ministers and the other advisory bodies of the
president.

WHAT IS THE COUNCIL OF MINISTERS?

It is made up of the President, the Vice President and the Ministers of State meeting in
session. (195) Analyzing this article we can conclude that in the absence of the Vice
President, he cannot join, since there is no official to replace him.

EXPLAIN THE VICE PRESIDENCY OF THE REPUBLIC?

Its main function is to replace the president in the event that he is temporarily or
permanently absent from the position.
Other important functions are:
a) participate in the decisions of the Council of Ministers with voice and vote;
b) preside over the Council of Ministers in the absence of the president;
c) coordinate the work of the ministers of State;
As for paragraph b, a confusing situation is created because when the President is absent,
the Vice President automatically becomes President, but then there is no longer a Vice
President, without whom the Council of Ministers cannot be formed.

1.5 SECRETARIES OF THE PRESIDENCY OF THE REPUBLIC:

WHAT IS THE ORIGIN OF THE SECRETARIES OF THE PRESIDENCY OF THE REPUBLIC?

They arise from the need of the President and Vice President to cover some functions
assigned to them by law, their foundation is found in article 202 of the Political Constitution of
the Republic.
The only ones created by the constitution are: the General Secretariat and the Secretariat of
Private Affairs.

WHO ARE THE SECRETARIES OF THE PRESIDENCY OF THE REPUBLIC?

a) General Secretariat of the National Economic Planning Council
b) National Preinvestment Financing System
c) Public Relations Secretariat of the Presidency
d) General Secretariat of the Peace Commission
e) Specific Secretariat of Political Affairs of the Presidency of the Republic:
f) General Secretariat of the Presidency of the Republic:
g) Private Secretariat of the Presidency of the Republic:
h) Secretariat of Hydraulic Resources:

42
 i) National Civil Service Office:

EXPLAIN THE GENERAL SECRETARY OF THE NATIONAL ECONOMIC PLANNING COUNCIL

AND ITS FUNCTIONS? General Secretariat of the National Council of Economic Planning: The
most important activity of this secretariat is to plan all the activities (among which we can
mention: the provision of services, investment of State funds and creation of works) of the
Public Administration Centralized and become part of the philosophy of administrative
decentralization, through its participation in the Urban and Rural Development Councils.
Some of its functions:
a) prepare, together with the Technical Budget Directorate, the draft State budget.
b) Direct the technical and financial cooperation resources that the international community
makes available to the country towards priority needs for development.

EXPLAIN THE NATIONAL PREINVESTMENT FINANCING SYSTEM:

Its objective is to carry out pre-investment studies.

EXPLAIN THE SECRETARY OF PUBLIC RELATIONS OF THE PRESIDENCY OF THE REPUBLIC?

Its main functions are:
a) be spokesperson for the Government and the President of the Republic before the social
media.
b) make the clarifications, rectifications, explanations and refutations that it deems necessary
before the social media.
c) make known the plans, programs and achievements of the Government, of any of its
institutions or dependencies of the Presidency of the Republic and of the Secretariat itself.

EXPLAIN THE GENERAL SECRETARY OF THE PEACE COMMISSION:

It is known as the Peace Commission, its function is the coordination of the peace process
promoted by the Government of the Republic. Its fundamental objectives are: a) to negotiate
the end of the armed confrontation, b) to form the Permanent Peace Forum and c) to attend to
the social demands of the population.

EXPLAIN THE SPECIFIC SECRETARY OF POLITICAL AFFAIRS OF THE PRESIDENCY OF THE

REPUBLIC:

Suppressed.

EXPLAIN THE GENERAL SECRETARY OF THE PRESIDENCY OF THE REPUBLIC?

It is the most important of all, it is the conduit through which all the Government Agreements
of the President and the Ministries pass, which must be signed by the President.
The requirements to be Secretary General are the same as those to be Minister of State.
Its main functions are:
a) submit to the approval of the President of the Republic the projects and other documents
that require it, as well as other matters coming from the ministries.
b) submit the Government Agreements to the approval of the President, which is why the

43
 president's consultancy is attached to this secretariat.
EXPLAIN THE PRIVATE SECRETARY OF THE PRESIDENCY OF THE REPUBLIC? Features:
to.) grant requested hearings, according to the order of priorities;
b.) organize and convene sessions for Cabinet meetings;
c.) analyze requests from charities, individuals, municipal mayors, etc.

EXPLAIN THE SECRETARY OF HYDRAULIC RESOURCES?

Its fundamental objective is to contribute to the definition of a national water policy, which
allows solving problems related to its use, exploitation and conservation.

EXPLAIN THE NATIONAL CIVIL SERVICE OFFICE?

It is a department of the Presidency of the Republic, with the rank of secretariat,
whose purpose is to manage, based on the Civil Service Law, the relations of civil servants
with the Public Administration.
The National Civil Service Board is a collegiate body made up of 3 members
appointed by the President, whose most important function is to investigate and resolve,
administratively, on appeal and at the request of the interested party, claims that arise due
to: recruitment, selection , appointment, transfers, suspensions, dismissals, etc.
The National Civil Service Office, however, is in charge of the qualification plan for
Public Administration positions; of entry into the Civil Service by Opposition, of the
exchanges and transfers of public servants and of the dismissals of workers by opposition.
Its functions are: Assist the President in aspects that do not imply administrative
competence.

WHAT ARE THE RESPONSIBILITIES OF THE SECRETARIES OF THE PRESIDENCE AND VICE-
PRESIDENCE?
The responsibility of the Secretaries of the Presidency is internal, that is, only in front of
their hierarchical superior, who is the President.

WHAT ARE THE TYPES OF SECRETARIES OF THE PRESIDENCE?

a) Constitutional and;
b) non-Constitutional.

WITH RESPECT TO THE SECRETARIES OF THE PRESIDENCE, WHAT IS THEIR SITUATION IN

THE ADMINISTRATIVE HIERARCHY?
They are part of a large body, which is the Presidency of the Republic, and are subject to the
authority of the President of the Republic.

WHAT ARE THE MINISTRIES OF STATE?

The ministries of State, in Guatemala, are single-person, executive and centralized bodies.

WHAT IS THE ORIGIN OF THE MINISTRIES OF STATE?

They emerged in Guatemala, after the revolutionary period of 1944, similar to the Ministers
of State, of the Parliamentary regime.

44
WHAT IS THE LEGAL REGULATION OF THE MINISTRY OF STATE?
Its constitutional basis is found in articles 193 to 199, The law of the Executive Body, The law
of the Ministry of Public Finance, etc.

WHAT ARE THE FUNCTIONS OF MINISTERS OF STATE?

to.) Exercise jurisdiction over all departments of your ministry.
b.) Appoint and remove officials and employees of their branch, when the law authorizes
it to do so.
c.) Endorse the decrees, agreements and regulations issued by the President of the
Republic, related to his office, so that they become valid.
d.) Participate in the deliberations of the Council of Ministers and sign the decrees and
agreements that it issues.

WHAT ARE THE REQUIREMENTS TO BE A MINISTER?

In order to be a Minister of State, there are three necessary requirements:
a) Be Guatemalan,
b) Be in the enjoyment of your rights as a citizen;
c) Be over thirty years old;

WHAT ARE THE PROHIBITIONS TO BEING A MINISTER OF STATE?

to.) The relatives of the President or the Vice President of the Republic, as well as those of
other Ministers of State, within the fourth degree of consanguinity and second degree
of affinity,
b.) Ministers of any religion or cult.
c.) Those who, having been convicted in a trial of accounts, have not resolved their
responsibilities.

WHAT ARE THE RESPONSIBILITIES OF MINISTERS OF STATE?

They may incur political, administrative, criminal, civil and labor liability. Its
administrative responsibility is contemplated in the Law of Responsibilities.

HOW MANY MINISTRIES ARE CURRENTLY EXISTING?

Currently there are 12 ministries, in the two previous government periods, those of
Urban and Rural Development and Specific Affairs have been eliminated.

WHAT ARE THE CREATION SYSTEMS OF STATE MINISTRIES?

The ministries of State are created or abolished through the modification of the law of
the Executive Branch.

WHAT IS THE RESPONSIBILITY OF THE MINISTRY OF FOREIGN AFFAIRS?

to.) The representation and protection of the interests of the Republic and the inherent
defense of the honor and sovereignty of the country in the international sphere.
b.) The international policy of the Republic,

45
c.) Matters related to bordering and international waters,
d.) Negotiation, celebration, extension, modification and denunciation of Treaties, Pacts,
Conventions and International Agreements.
and.) Everything related to the acquisition, enjoyment, loss and recovery of Guatemalan
Nationality;

WHAT IS THE RESPONSIBILITY OF THE MINISTRY OF THE GOVERNMENT?

to.) Address the internal government relations of the country;
b.) Maintain internal security and ensure public order in the national territory;
c.) Compile and publish all legal provisions of the Republic;
d.) Provide the State notary service;

WHAT IS THE RESPONSIBILITY OF THE MINISTRY OF NATIONAL DEFENSE?

to.) Become a communication body between the Guatemalan Army and State agencies.
b.) Controls the acquisition, production, conservation and improvement of weapons and
implements of war; c) Its fundamental function is the defense and security of the
country, maintaining the independence, sovereignty, honor of Guatemala and the
integrity of the territory.

WHAT IS THE RESPONSIBILITY OF THE MINISTRY OF PUBLIC FINANCE?

to.) Collect, collect, control, supervise and administer taxes and in general, all other
income, taxes or income that the Government of the Republic must receive, in
accordance with the law.
b.) Formulate and prepare annually, in coordination with the Secretariat of the National
Economic Planning Council, the draft budget for income and expenditure of the State.
c.) Manage, execute and settle the annual budget of income and expenses of the State;
d.) Keep the nation's accounting
and.) Manage the country's customs system;
F.) Promote the necessary judicial actions that arise from debts to the treasury.

WHAT IS THE RESPONSIBILITY OF THE MINISTRY OF EDUCATION?

a) formulate, approve and direct the country's educational policy;
b) promote community participation in the national educational process;

WHAT IS THE RESPONSIBILITY OF THE MINISTRY OF PUBLIC HEALTH AND SOCIAL

ASSISTANCE?
a) Preventive and curative, outpatient and hospital medical care;
b) Emergency care and first aid, provision of low-cost or free medicines;
c) Epidemiological and preventive control of endemics and epidemics;

WHAT IS THE RESPONSIBILITY OF THE MINISTRY OF LABOR AND SOCIAL PROTECTION?

a) Design, direct, guide and expand policies regarding work and social security;
b) Reverse the current trends of the economy, the problem of unemployment and overcoming
underemployment;

46
c) Reduction of the retirement age of the employee who works within the productive system;

WHAT IS THE RESPONSIBILITY OF THE MINISTRY OF ECONOMY?

a) Achieve the best use of national resources, promote, develop and expand national and
international trade;
b) register and control industrial and commercial companies;
c) Grant incentives to industrial companies that are established within the republic that thus
contribute to decentralization;

WHAT IS THE RESPONSIBILITY OF THE MINISTRY OF AGRICULTURE, LIVESTOCK AND

FOOD?
a) Formulate and apply agricultural development policies, with the purpose of increasing the
country's food production;
b) Design and execute agricultural plans;

WHAT IS THE RESPONSIBILITY OF THE MINISTRY OF COMMUNICATIONS,

TRANSPORTATION AND PUBLIC WORKS?
a) Direct the actions aimed at projecting and coordinating the works and services of the
transportation and communications systems;
b) Construction of the necessary infrastructure to support the economic and social activities
of the country in the areas of communications and transportation.

WHAT IS THE RESPONSIBILITY OF THE MINISTRY OF ENERGY AND MINES?

a) Effectiveness in the management and use of the energy and mining resources of the
national territory;
b) Look for better ways to take advantage of energy and increase efficiency in its
consumption.

WHAT IS THE RESPONSIBILITY OF THE MINISTRY OF CULTURE AND SPORTS?

a) The study and knowledge of the cultural reality of the country, for a better understanding
of sociocultural heterogeneity:
b) Seek artistic-cultural and sports opportunities for Guatemalans. The sport that this
Ministry is responsible for is recreational, since professional and school sports are the
responsibility of the CDAG and the Ministry of Education respectively.

NOTE: THE MINISTRY OF URBAN AND RURAL DEVELOPMENT AND SPECIFIC MATTERS
WERE DELETED.

EXPLAIN THE APPEAL FOR REPLACEMENT AS A MEANS OF CHALLENGING THE ACTS OF

THE MINISTRIES:
This resource is a means of control that individuals have to oppose the decisions, resolutions
and acts issued by the Ministries of State; It is regulated in article 7 of the Contentious-
Administrative Law. An important aspect is that the only resolutions that are susceptible to
being appealed through reconsideration are those originating from the Minister; They are

47
called original, those that are derived from the exclusive competence of the organ.
This resource is also regulated within the Tax Code in its article 158 with a different
procedure than in the Contentious-Administrative Law. In this case, the appeal only proceeds
against the original resolutions of the Ministry of Public Finance.
The appeal for reconsideration is filed against the resolutions of the Minister of State and it is
he himself who resolves the appeal and with this resolution the administrative route is
exhausted, with which the individual is free to go to court to initiate a contentious process.
administrative.

WHAT ARE DEPUTY MINISTERS OF STATE?

They are single-person bodies, with internal functions and they are also substitute bodies,
since one of their functions is to take charge of the Office in the absence of the head of the
Ministry.
The vice-ministries are created with the favorable opinion of the Council of Ministers and
the issuance of a Government Agreement. The qualities required to be a Vice Minister are
the same as those to be a Minister. Their main function is to make up for the absence of the
Minister, but they are also in charge of the internal regime of the body.

WHAT ARE THE RESPONSIBILITIES OF DEPUTY MINISTERS OF STATE?

As they are not competent bodies, they cannot incur administrative responsibility, and in the
event that they are in charge of the Office, their administrative responsibility will be as
Minister and not as Vice Minister.

EXPLAIN WHAT REFERS TO THE CHALLENGE OF THE ACTS OF THE DEPUTY MINISTERS OF
STATE:
Since they have no jurisdiction, their actions cannot be challenged.

WHAT ARE GENERAL DIRECTIONS?

The General Directorates are centralized, single-person and technical-administrative bodies
that depend directly on the Minister and Vice Minister of State, the former for competence
and the latter for internal coordination of the body. There are some Directorates that do not
exercise jurisdiction and that only perform technical functions, for example: the Technical
Budget Directorate.

WHAT IS THE ORIGIN OF GENERAL DIRECTIONS?

The DGs arise as a consequence of the large number of powers developed by the Ministries,
which is why the majority of them are endowed with administrative powers.

WHAT IS THE LEGAL REGULATION OF THE GENERAL DIRECTIONS?

The General Directorates are regulated, mainly in the Law of the Executive Body, but there
are also provisions related to them in other ordinary laws, such as: that of the Ministry of
Public Finance, that of Mines, that of Migration, etc.

1.8.3 IMPORTANT GENERAL DIRECTIONS:

48
WHAT ARE THE MOST IMPORTANT GENERAL DIRECTIONS OF THE MINISTRY OF THE
INTERNATIONAL?
a) General Directorate of the National Police: It is responsible for addressing issues related
to citizen security, crime prevention and other violations of the law. It is largely
subordinated to the Attorney General's Office in relation to investigations in criminal
matters and depends directly, in the administrative area, on the Ministry of the Interior.
b) General Directorate of the Treasury Guard: Its function is to prevent and combat
smuggling and fraud in the different branches of the Public Treasury, as well as crimes and
misdemeanors that disturb public order; It must also ensure the protection of archaeological
and forestry values.
c) General Directorate of the Penitentiary System: It is responsible for the rehabilitation and
social readjustment of inmates; is responsible for managing the country's prison system.
d) General Directorate of Migration: It is responsible for proposing the most appropriate
immigration policy to the Executive Body, to which it also suggests the negotiation of
Treaties and Agreements. Among others, it also has the function of issuing passports and
granting entry visas to the country, when required by law.
e) Diario de Centro América: It is responsible for publishing information emanating from
political and administrative acts of the Government, as well as Government and Ministerial
Agreements and is the channel through which laws are promulgated. Also publish solutions
from the CC of the CSJ and the TSE.
f) National Typography: Prepares brochures, books by national authors, forms for almost all
branches of the Executive, compilations of laws, codes, as well as the publication of some
acts that by legal mandate must be published in the official newspaper: marriage of
foreigners with Guatemalans, rectifications of birth certificates, etc.

WHAT ARE THE MOST IMPORTANT GENERAL DIRECTIONS OF THE MINISTRY OF PUBLIC
FINANCE?
a) General Directorate of Internal Revenue: Responsible for the collection, control and
supervision of taxes and other income received by the State, the collection of which is not
entrusted to another institution.
b) External Financing and Trust Directorate: Its mission is to maintain the record and
control of external debt payments, as well as the constitution of trusts for social investment.
c) Tax Analysis Directorate: Responsible for analyzing the impact of tax reforms, as well as
proposing the modernization of tax legislation.
d) Technical Budget Directorate: It is responsible for formulating the State's income and
expenditure budget.
e) General Directorate of Customs: Responsible for negotiating the unification and
modification of tariff rates and customs collection.
f) Directorate of Cadastre and Appraisal of Real Estate: Implementation of the purification
and updating plan for large taxpayers through computers; is responsible for decentralizing
the control and payment system of the Single Property Tax.

WHAT ARE THE MOST IMPORTANT GENERAL DIRECTORATES OF THE MINISTRY OF

49
ENERGY AND MINES?
The following DGs are subject to it: Hydrocarbons, Mining, and Nuclear Energy.

WHAT ARE THE MOST IMPORTANT GENERAL DIRECTORATES OF THE MINISTRY OF

AGRICULTURE, LIVESTOCK AND FOOD?
The following institutions belong to it: General Directorate of Agricultural Services, DG of
Livestock Services,
DG of Forests and Wildlife, Institute of Agricultural Science and Technology, National
Institute of Agricultural Marketing, Dairy Products Company of Asunció n Mita, National
Institute of Agrarian Transformation, etc.

WHAT ARE THE MOST IMPORTANT GENERAL DIRECTORATES OF THE MINISTRY OF

ECONOMY?
It includes the following dependencies: Directorate of Industrial Policy, General Directorate
of Foreign Trade, General Directorate of Internal Trade, Directorate of Economic Integration,
Commercial Registry, Industrial Property Registry, National Institute of Statistics, etc.

WHAT ARE THE MOST IMPORTANT GENERAL DIRECTORATES OF THE MINISTRY OF

COMMUNICATIONS, TRANSPORT AND PUBLIC WORKS?
It covers the following departments: General Directorate of Public Works, Sectoral Planning
Unit, General Directorate of Civil Aeronautics, General Directorate of Posts and Telegraphs,
General Directorate of National Radio Broadcasting and Television, General Directorate of
Transportation, INSIVUMEH.

WHAT ARE THE POWERS OF THE GENERAL DIRECTORATES?

The powers of the DGs, like any other body of the PA, are contained in the legal norms from
which their competence comes, some of them refer to their structure and competence
(Migration Law) and others barely contain some. powers within another set of provisions
(VAT Law).

WHAT ARE THE RESPONSIBILITIES OF THE GENERAL DIRECTORATES?

As they are executive bodies, which exercise administrative jurisdiction and therefore issue
resolutions and execute administrative acts, it is clear that they are subject to challenge
thereof, and to incur liability towards individuals. The way to deduct administrative
responsibilities from a General Director is through the Revocation Appeal.

WHAT ARE THE TECHNICAL ADDRESSES?

They are not subject to incurring responsibilities towards individuals, since being advisory
bodies, they do not exercise administrative jurisdiction.

WHAT ARE THE ADMINISTRATIVE DIVISIONS?

The general directorates are not the last step of the administrative hierarchy, below them
there are: operational units, departments, departments, divisions and other subdivisions
that are not always permanent.

50
IN RELATION TO THE GENERAL DIRECTIONS, EXPLAIN THE RESOLUTION OF REVOCATION:
It is a means of control that individuals have to oppose the resolutions and acts of the
General Directorates. It is also called a Hierarchical appeal, since it is the hierarchical
superior of the Director General, that is, the Minister of State, who resolves the appeal.
A special case is presented by the Industrial Property Registry, which, according to the
Central American agreement for the protection of industrial property, has the category of
General Directorate, so its resolutions are also affected by the Revocation Appeal; In this
special case, the appeal must be raised with the help of a lawyer.

WHAT ARE CONSULTATION ENTITIES AND BODIES?

They are responsible for advising or giving an opinion on the procedures, resolutions and
acts that the executive administration must issue or carry out. This advice is given through
the opinion, which is the technical or legal response that the consultation body gives to the
interested party's request for advice.

WHERE ARE YOU FROM?

It is found in the need for the Public Administration to base its actions on law and adjusted
to technical standards.

WHAT IS YOUR CLASSIFICATION?

Although there are various types, the most important are:
to.) legal consultation: which is carried out through AP consulting lawyers, its purpose is
to ensure that the administrative body, when issuing its resolutions or acts, adheres
to current legal regulations.
b.) technical consultation: it is the one that is developed by people versed in the
specialized subjects of science and technology.
c.) Political consultation: it is also carried out by specialized people, who advise the
bodies that exercise political functions, such as the President or the Ministers, so that
their political actions are directed towards the general well-being.

EXPLAIN WHAT IS RELATED TO THE OFFICE GENERAL OF THE NATION:

Its function, in addition to the already stated function of exercising the personality of the
State, is to advise state bodies and entities.
The attorney general's office is headed by a Attorney General of the Nation, who is appointed
and can be removed by the President of the Republic. To be a solicitor it is required to have
the same qualities as to be a Magistrate of the Supreme Court of Justice.
Among others, (and in addition to those already mentioned) the Attorney General's Office
has the following powers:

to) intervene, if so ordered by the executive, in businesses that interest the nation;
b) provisionally represent the incapable, absent and minors, as long as they do not have
a legitimate representative.
c) Provide legal advice to the Public Administration in all cases in which it requires it.

51
WHAT IS THE ATTORNEY SECTION?
It is the one in charge of the personhood of the nation and the representation and defense of
the people referred to in the law.

WHAT IS THE CONSULTING SECTION?

It is responsible for advising the Ministries and other state agencies in all those matters in
which, without having mandatory intervention, they are ordered to hear.

EXPLAIN WHAT IS RELATED TO THE PUBLIC MINISTRY?

It is an auxiliary institution of the Public Administration and the Courts, of constitutional
origin, with autonomous functions and whose main purpose is to ensure strict compliance
with the laws. The Attorney General must be appointed by the President of the Republic,
serves for 4 years and can be removed for just cause.

WHAT ARE THE FUNCTIONS OF THE ATTORNEY GENERAL?

to) exercise public criminal action;
b) Send the institution's budget project to the Executive and Congress.
c) carry out appointments, promotions, transfers of administrative and service
personnel of the institution.

WHAT ARE TECHNICAL AND LEGAL ADVICE?

The difference between them lies in the subject matter in which they are developed, the
techniques refer to scientific aspects of a matter, and the legal ones do not need an
explanation.

EXPLAIN WHAT IS RELATED TO THE MUNICIPAL DEVELOPMENT INSTITUTE:

Its function is to promote the progress of municipalities through technical and financial
advice to municipalities, as well as assistance in administrative matters.

WHAT IS THE COMPTROLLER GENERAL OF ACCOUNTS?

It is a technical, decentralized institution, with functions of supervising income, expenses
and in general, of all financial interests of State agencies and of any public works contractor
and of any person who, by delegation of the State, manages public funds.

EXPLAIN WHAT IS RELATED TO THE HUMAN RIGHTS COMMISSION?

It is made up of one deputy from each party represented within the corresponding period.
Its powers are found in the Law of the Commission and the Human Rights Ombudsman.

EXPLAIN WHAT IS RELATED TO THE HUMAN RIGHTS ATTORNEY?

He is elected by the plenary session of Congress, from a shortlist proposed by the Human
Rights Commission; He lasts five years in office.
Among its powers we can mention:
to) investigate all types of complaints that are raised regarding violations of Human

52
 Rights.
b) Recommend privately or publicly to officials the modification of the objected
administrative behavior.
c) Issue public censure for acts or behavior against constitutional rights.

EXPLAIN WHAT IS RELATED TO THE CONSTITUTIONAL COURT:

It is a permanent court of private jurisdiction, whose essential function is the defense of the
constitutional order; It acts as a collegiate court independently of other State agencies and
exercises specific functions assigned to it by the Constitution and the specific law on the
matter.

The CC is made up of 5 regular judges and 5 substitutes. In the event that the court hears of
unconstitutionalities against Congress, the CSJ, the President or the Vice President, the
number of judges will increase to 7.

WHAT IS THE COMPETENCE AND FUNCTIONS OF THE CC?

The main one is the defense of the constitutional order, but also:
a) knowledge of the unconstitutionality action in a single instance.
b) be a consultative body for State agencies on the constitutionality of treaties, agreements
and bills.
c) knowledge of all appeals in matters of protection and in matters of constitutionality.

EXPLAIN WHAT IS RELATED TO THE SUPREME ELECTORAL COURT:

It is an independent body, which constitutes the highest authority in electoral matters, and is
made up of 5 regular magistrates and 5 substitutes.

WHAT ARE THE POWERS AND FUNCTIONS OF THE TSE?

a) call and organize electoral processes; declare the result and validity of the elections or,
where appropriate, their partial or total annulment and award popularly elected positions;
b) decide, ultimately, on the actions of the Registry of Citizens brought to its attention, by
virtue of the appeal or consultation;
c) resolve on the registration, sanctions and cancellation of political organizations;

EXPLAIN WHAT IS RELATED TO DECENTRALIZATION AND DECONCENTRATION

ACCORDING TO THE CONSTITUTION:
Decentralization, broadly speaking, can be understood as the process by which the State
transfers part of its decision-making capacity to lower levels of its organization, located in
different parts of the national territory, with the purpose of incorporating the entire
population into the process. developmental.
The current Political Constitution, which contains various regulations aimed at
obtaining the decentralization of the Public Administration, establishes that the
administrative division of the country must be made into: regions, departments and
municipalities. The preliminary regionalization law, in its second article, defines the region
as: "the territorial delimitation of one or more departments that meet similar geographical,

53
 economic and social conditions."
Article 3 of Decree 70-86 already mentioned establishes that the territory of Guatemala is
divided into 8 regions.

EXPLAIN THE REGIONAL ADDRESSES:

They are made up of the different Urban and Rural Development councils, from the National
to the Municipal.

EXPLAIN THE URBAN AND RURAL DEVELOPMENT COUNCIL SYSTEM:

There are 4 categories: national, regional, departmental and municipal.

WHAT IS THE GENERAL ACTIVITY OF THE URBAN AND RURAL DEVELOPMENT COUNCILS?
to) promote and strengthen the permanent participation of the population in the
different stages of the development process, through coordination between the
public and private sectors.
b) formulate development and territorial planning policies.
c) promote the collection of resources and rationalize the use of what is available, for
national development.
Meetings:
a) National Council: every 90 days.
b) Regional Council: every 60 days.
c) Departmental and Municipal Councils: every 30 days.
Quorum and resolutions:
The Quorum is formed with 2/3 of its members and the resolutions with the absolute
majority of those present.

EXPLAIN THE NATIONAL COUNCIL OF URBAN AND RURAL DEVELOPMENT:

It has its legal basis in article 225 of the Constitution of the Republic; It is a collegiate and
representative entity, the highest entity of the National System of Urban and Rural
Development Councils.

WHAT ARE THE BODIES OF THE NATIONAL COUNCIL OF URBAN AND RURAL
DEVELOPMENT?
The CNDUR bodies are: the Coordination, the Executive Directorate, the Secretariat and the
Commissions or Working Groups.

WHAT ARE THE FUNCTIONS OF THE CNDUR?

a) Organize and coordinate the Public Administration;
b) Promote the economic, social and cultural development of the country;
c) Promote the participation of the population in the identification and solution of their
problems;
d) Promote the decentralization and deconcentration of the Public Administration.

EXPLAIN THE REGIONAL COUNCIL OF URBAN AND RURAL DEVELOPMENT:

54
 It is based on article 226 of the Political Constitution.
Definition and purpose: The Regional Council for Urban and Rural Development is a collegiate
and representative body, in charge of promoting and coordinating the development process of
a region.

WHAT ARE THE BODIES OF THE REGIONAL COUNCIL OF URBAN AND RURAL
DEVELOPMENT?
The Presidency, the Secretariat and the Commissions or Working Groups.

WHAT ARE THE FUNCTIONS OF THE CRDUR?

a) Promote the cultural, social and economic development of the region;
b) Promote the participation of the population in the identification and solution of their
problems;
c) Manage the financial resources that correspond to the development programs and projects
of the region;

WHAT ARE THE DEPARTMENTAL COUNCILS OF URBAN AND RURAL DEVELOPMENT?

It is a collegiate and representative entity, in charge of promoting and coordinating the
development of the department. Its bodies are the same as those of the regional council:
presidency, secretariat and commissions.

WHAT ARE THE FUNCTIONS OF THE CDDUR?

They are the same as those of the regional council, only applied only to the departmental
constituency.

WHAT ARE MUNICIPAL URBAN AND RURAL DEVELOPMENT COUNCILS?

It is a collegiate and representative entity in charge of promoting and directing the
development process of the municipality.

WHAT ARE THE ORGANS OF THE CMDUR?

The same as the regional and departmental councils, with the addition of a Technical Unit.

WHAT ARE THE FUNCTIONS OF THE CMDUR?

The same as the regional and departmental councils but limited to the municipal territory.

EXPLAIN THE UNCONSTITUTIONALITY OF LOCAL URBAN AND RURAL DEVELOPMENT

COUNCILS:
They were eliminated when the CC declared the partial unconstitutionality of the Law of
Urban and Rural Development Councils in relation to them.

WHAT IS THE ORIGIN OF DEPARTMENTAL GOVERNMENTS?

They are centralized and single-person bodies that have their origin in the division of the
national territory into departments: they are appointed by the President and are delegates
of the Executive and the Ministers of State with the exception of those of Defense and

55
 Foreign Affairs.

WHAT IS THE LEGAL REGULATION OF THE DEPARTMENTAL GOVERNMENTS?

Its legal basis is found in article 227 of the Political Constitution, which states that the
government of the departments will be in charge of a Departmental Governor appointed by
the President of the Republic, who must meet the same qualities as a Minister of State and
who must have been domiciled in their respective department for the last 5 years.

WHAT ARE THE POWERS OF THE DEPARTMENTAL GOVERNMENTS?

a) are the hierarchical superiors of the Public Administration within their department;
b) the Ministers of State exercise administrative jurisdiction in all matters except for matters
of Defense and Foreign Affairs;
c) Those indicated within the National System of Development Councils.

WHAT ARE THE RESPONSIBILITIES OF THE DEPARTMENTAL GOVERNMENTS?

They have administrative and political responsibility, since they are competent bodies.

EXPLAIN WHAT IS RELATED TO THE CHALLENGE OF THE ACTS OF THE GOVERNORS:

There are 3 types of appeals that can be raised against governors:
a) Reconsideration; (as there is no procedure, it can be said that this resource does not exist)
b) Claim;
c) Revocation;

WHAT ARE THE GENERALITIES OF THE MUNICIPAL ADMINISTRATION?

The Constitution establishes that municipalities are autonomous entities that are
responsible for:
a) elect their own authorities;
b) obtain and dispose of its resources;
c) attend to local public services, territorial planning and fulfillment of their own purposes.

WHAT IS THE MUNICIPALITY?

It is the set of individual people who, primarily characterized by their permanent
neighborhood relations and settled in a certain territory, are organized in an institution of
public law, to achieve the common good of all the inhabitants of their district.

WHAT ARE THE ELEMENTS OF THE MUNICIPALITY?

a) territory;
b) population;
c) authority;
d) community organization;
e) economic capacity;
A teleological element can also be cited, which consists of fulfilling and ensuring that the
purposes and duties of the State are fulfilled; exercise and defend municipal autonomy;
boost development; strengthen your economic assets, etc.

56
WHAT IS THE IMPORTANCE OF MUNICIPAL ADMINISTRATION?
The importance of the municipality lies in the need to decentralize public administration, so
that it can exercise its powers more effectively, for the benefit of the inhabitants.

WHAT ARE THE MUNICIPAL GOVERNMENT SYSTEMS?

As the municipal trend is towards decentralization, municipalities are increasingly important.
TO.) Direct democracy system: In this system, municipal management power corresponds
to the residents, who exercise it directly, gathered in the appropriate assemblies that
meet in public squares, which is known as Open Town Hall.
B.) System of Representative Democracy: The representation of the residents is
entrusted to the representative bodies of the community, through a collegiate body
where the highest authority elects the Mayor or mayor internally.
C.) Democratic System, collegiate or English: This system has its foundation and basis in
public opinion, expressed by suffrage, the center of government action in the City
Council or Municipal Council, which is directly designated by the electoral body,
being the depositary of the local sovereignty and from which municipal life receives
all impetus.
D.) Democratic System of Separation of Powers or French System: In this system, the
municipality is a corporation governed by the authorities that are appointed by the
Electoral Council, it has a democratic basis because the people receive the municipal
mandate and from them they receive the investiture. their representatives through
the commonly customary procedure. It is totally different from English, since in
French there is a separation of powers, while in English there is a concentration of
powers.
AND.) Authoritarian or German System: It was an essentially undemocratic system in which
the elected official was not the one who actually exercised executive power.

WHAT IS THE MUNICIPAL GOVERNMENT SYSTEM IN GUATEMALA?

In Guatemala, the system used is representative democracy, since its bodies are designated
by suffrage and all sectors of the population are represented.

3.3.5 MUNICIPAL ADMINISTRATIVE ORGANIZATION:

WHAT ARE THE MUNICIPAL ADMINISTRATIVE BODIES?

a) Municipal councils
b) The Municipal Mayor
c) The Municipal Affairs Court

WHAT ARE MUNICIPAL COUNCILS?

It is made up of the Mayor, trustees and councilors; Among its functions we can mention: a)
the initiative, decision and execution of municipal affairs, b) the issuance of the ordinances
and regulations of its municipality, executing them and having them executed; c) the
promotion of education, culture, sports, recreation, sciences and arts in coordination with

57
 the respective Ministries; d) the provision of the municipality's resources to fulfill its
purposes.

WHAT IS THE MUNICIPAL MAYOR?

He is in charge of presiding and representing the municipality; It is also the executive body
of municipal government and administration and their head. Among its functions we can
mention: a) dictate policy and good government measures that are convenient for the
proper functioning of the municipality; b) ensure the maintenance of public order; c) ensure
the cleanliness and health of the municipality in streets, squares, markets, etc.; d) authorize,
free of charge, civil marriages.

WHAT IS THE MUNICIPAL AFFAIRS COURT?

It is an administrative body that can be created by municipalities when their needs require
it.
It is in charge of the execution of municipal ordinances and compliance with their
provisions.

WHAT ARE THE POWERS OF THE MUNICIPAL AFFAIRS JUDGE?

a) All matters that affect good customs, ornament, environment, health and public services in
general and municipal services;
b) Voluntary procedures for supplementary certification, with the sole purpose of carrying
out the tests that the law assigns to the Mayor.
c) Matters in which a new or dangerous work for the inhabitants and the public.

WHAT ARE THE CHARACTERISTICS OF THE ADMINISTRATIVE PROCEDURE?

a) it is oral;
b) public;
c) simple;
d) antiformalist;
e) acted and promoted ex officio;
f) the intervention of the judge is necessary;
g) the permanence of the judge in acts and evidentiary proceedings is necessary;

WHAT ARE THE WAYS IN WHICH A MUNICIPAL ADMINISTRATIVE PROCESS CAN BE

INITIATED?
a) when the law, ordinance, regulation or municipal provision so establishes;
b) by complaint or verbal complaint;
c) by complaint or written complaint;
d) by complaint or report from other municipal authorities;

EXPLAIN WHAT IS RELATED TO THE CHALLENGE OF MUNICIPAL ACTS:

If these are resolutions originating from the Municipal Council, an appeal for reconsideration
is raised and resolved by the same council.
If these are resolutions or acts of the Municipal Mayor or collegiate bodies other than

58
 the council, an appeal for Revocation must be filed; This appeal is resolved by the municipal
council, following the opinion of the trustee.
If these are acts or resolutions of authorities other than those mentioned, an appeal
may be filed, which must be resolved by the Municipal Mayor.

WHAT DOES IT REFER TO AND WHAT IS THE ORIGIN OF THE PRIVATIVE CONTROL OF THE
GUATEMALAN PUBLIC ADMINISTRATION?
It refers to the Contentious Administrative process, contained in article 221 of the
Political Constitution of the Republic. Administrative Litigation arises as a consequence of
the birth of Administrative Law and the need to have a means of control for individuals, so
that they have the power to challenge the decisions and resolutions of the public
administration.

WHAT ARE THE CHARACTERISTICS OF ADMINISTRATIVE DISPUTE?

a) It is not a resource but a true knowledge process.
b) It is a process that is known and resolved within a jurisdictional body (ADMINISTRATIVE
COURT)
c) Its competence is aimed at knowing the controversies that arise from the relationships
that exist between the public administration and individuals.

WHAT ARE THE PRIVATIVE CONTROL SYSTEMS OF THE PUBLIC ADMINISTRATION?

a) French system: in this system there is a body that is attached to the public administration,
which is called the Council of State and which is in charge of resolving disputes that arise
between the public administration and individuals.
b) Anglo-Saxon or English system: in this system there is no body that resolves disputes that
arise between the public administration and individuals, everything related to the state and
its relations with those administered is regulated by common law.

WHAT ARE THE TYPES OF ADMINISTRATIVE DISPUTE?

According to the Tax Code (which regulates the Chambers of the Administrative Litigation
Court) there are two classes:
- Administrative Litigation in Tax Matters *
- Administrative Litigation in Administrative matters.
* Only this one currently works.

OF A DEFINITION OF ADMINISTRATIVE DISPUTE?

It is a process by virtue of which the law empowers individuals to oppose the decisions and
resolutions of the public administration, before the competent jurisdictional body.

WHAT IS THE LEGAL REGULATION OF ADMINISTRATIVE DISPUTE?

Art. 221 CPR Disc. 45-83 of the President "Administrative Litigation Law", Tax Code,
Municipal Code, Government Law.

WHEN ADMINISTRATIVE DISPUTE PROCEEDS?

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 a) Against the resolutions of an administrative appeal, thereby exhausting the
administrative route.
b) When the administrative body does not resolve an administrative appeal, as stated in Art.
8 of the Administrative Litigation Law and 157 of the Tax Code.
c) When a resolution already approved by the interested parties is revoked due to a
calculation error or factual error.
d) For the interpretation of administrative contracts

HOW IS CONSTITUTIONAL CONTROL OF THE PUBLIC ADMINISTRATION EXERCISED?

Through the action of AMPARO, which is regulated in Art. 265 of the CPR and in the Law of
Amparo, Personal Exhibition and Constitutionality.

WHEN DOES THE AMPARO PROCEED?

Proceeds in the cases indicated in art. 19 of the Amparo Law, where the presentation of
administrative resources is necessary for the amparo to proceed. Likewise Art. 28 of the
Constitution, which establishes that it is permissible to present the amparo without
exhausting the administrative route, and this is when the case of the legal figure of
Administrative Silence and Arto occurs. 10 of the Protection Law.

WHAT IS THE ORIGIN OF THE ADMINISTRATIVE POLICE?

It does not arise as an organ of the state, but as part of the functions of the state.

WHAT ARE THE CHARACTERISTICS OF THE ADMINISTRATIVE POLICE?

to.) They must emanate from a competent body according to the law, otherwise it would
be an act of abuse of power or arbitrariness, with criminal, civil and administrative
responsibilities.
b.) To achieve compliance, the use of public force may be authorized. Execution must
begin from the time indicated in the order when it is notified or published. However,
those affected can challenge the order and request its suspension until legal actions
are exhausted and the resolution containing it becomes final.
c.) They can be revoked ex officio by the body that issues them, although they can be
extinguished before their compliance or execution, if the cause that produces them
disappears or due to the death of the recipient of the order, however, as in the
absence it is possible to force the administrator of the estate to comply with the
order.
d.) They are normally written; In case of emergency they can be oral, but a record or
written reason for their issuance and compliance is left.

WHAT IS THE DEFINITION OF ADMINISTRATIVE POLICE?

It is the means by which the public power of the administration is manifested in a
coercive way, through the state; limits rights and freedoms for the benefit of the general
well-being or common good through threat and coercion (administrative sanction). It should
be noted that the police function exercised by the state must necessarily be carried out
under the parameters established by the constitution and other laws.

60
WHAT KINDS OF ADMINISTRATIVE POLICE EXIST?
a) Security of property and people
c) Healthiness, taking measures for general health
d) Mortality, aimed at the protection of good customs.

WHAT KINDS OF ADMINISTRATIVE POLICE MEANS EXIST?

Formal or General Means
- Police Regulations
- Police Ordinances
Material or Individual Means
Police Licenses, Authorizations or Permits

WHAT ARE FORMAL POLICE MEANS?

They are directed at the entire community and are expressed through police regulations and
ordinances.

WHAT ARE POLICE REGULATIONS?

They consist of general legal norms dictated by the executive body based on its regulatory
power granted to it by the Constitution. These norms develop the precepts of ordinary laws
and are called Implementing Regulations, which must be complied with in normal situations.
The regulatory power is regulated in Art. 183 literals a) and e) of the Constitution. In
extraordinary and emergency situations, the regulatory function assumes special
characteristics that allow the executive to dictate extraordinary and temporary provisions
through emergency or public calamity decrees, which allow public order to be restored,
restricting the constitutional guarantees that the constitution itself allows.
WHAT ARE POLICE ORDINANCES?
They consist of provisions issued by the executive and other competent entities for a region,
department, municipality or locality.

WHAT ARE MATERIAL OR INDIVIDUAL MEANS?

It consists of the mere application to specific cases of the state's administrative coercion to
individual or collective persons, perfectly identifiable, to limit their exercise of certain rights,
in accordance with the Law. It is known as ADMINISTRATIVE LICENSES OR
AUTHORIZATIONS (police permits), in a positive sense, since they allow the limited exercise
of a right and POLICE PROHIBITIONS OR LIMITATIONS (police orders) in a negative sense,
since they do not allow people to carry out certain activities. , to prevent public order.

WHAT ARE POLICE LICENSES, AUTHORIZATIONS OR PERMITS?

They are acts of the administration that allow the exercise of the rights established by law in
favor of individuals, but under regulations. They do not create rights, they only eliminate
obstacles so that interested parties can exercise their rights, within the limits so as not to
affect the general interest. To obtain these licenses, interested parties must apply for them.
These licenses are not immutable and are subject to changes determined by law after their

61
 granting; THEY ARE NOT THE SUBJECT OF ASSIGNMENT, HEREDITARY SUCCESSION OR
DONATION. E.g. License to drive, carry weapons, etc.

WHAT IS EXPROPIATION?
It is the legal instrument at the service of the state to intervene in private property, if this
constitutes an obstacle to the fulfillment of its public service purposes. Art. 40 of the
Constitution.

EXPLAIN THE EVOLUTION HISTORY OF EXPROPIATION:

This institution appears in the seven games of Alfonso the Wise. In the 17th century it
appeared in France under the name of confiscation and in 1791 the French Constitution
spoke of reasons of public necessity and collective utility to expropriate property, after
payment of fair compensation to the owner. Expropriation refers to a public law procedure
so that the state can unilaterally acquire private property to fulfill its functions through the
payment of prior and fair compensation that compensates the individual for the loss of their
property due to public need. Artos. 39 and 40 of the Constitution. 1.2 to 4 of the
Expropriation Law.
WHO CAN INSTANT EXPROPIATION?
- The state
- The Municipalities
- Contractors or concessionaires of public services or public utility works or services.
- Private companies or companies, when legally authorized
- The University of San Carlos of Guatemala.

WHERE IS REGULATED WHAT IS RELATED TO THE STATE TERRITORIAL RESERVE?

Artos. 122 and 123 of the Constitution.

WHERE IS REGULATED REGULATIONS REGARDING THE PROHIBITION OF CONFISCATION

OF ASSETS?
Art. 41 of the Constitution.

WHAT ARE LEGAL EASEMENTS?

They are those imposed by law for reasons of public utility, or for the interests of
individuals, having a forced nature so that they are established even against the will of the
owner of the servient property.

WHAT ARE THE CHARACTERISTICS OF LEGAL EASEMENTS?

- They do not become true public easements
- Produce the right to the corresponding compensation
- Their source is not the will of man but the Law.

WHAT ARE ADMINISTRATIVE EASEMENTS?

The administrative easements present affinity with those of the Civil Department, but not
identity. They exist when the ownership of real estate is diminished by constituting a legal

62
 burden in favor of the community, this means that the decrease is imposed by
administrative provisions, without a legal event having occurred that motivates these
conditions. Administrative easements exist as long as the property in favor of which they
are established maintains the destination that gave rise to it. Unlike civil ones that can be
real, that is, established in favor of a thing, or personal, established in favor of a specific
person, administrative ones ARE ALWAYS REAL, they benefit a thing that is part of the state
patrimony, to serve with it a general interest.

WHAT IS THE LEGAL REGULATION OF ADMINISTRATIVE EASEMENTS?

Artos. 752 to 760; 768,777-781, 786,796,797,798,799 of the Civil Code. Artos. from 69 to 72 of
the Mining Law.

WHAT ARE THE ELEMENTS OF ADMINISTRATIVE EASEMENTS?

to.) Real Element : consists of the obligation that weighs on the privately owned property.
b.) Personal Element: private person (individual or collective) owner of the encumbered
asset.
c.) Teleological or finalist element: it is the collective benefit that motivates the
servitude, the general well-being is the purpose of the State and it must take
precedence over particular interest.

WHAT ARE ADMINISTRATIVE RESTRICTIONS?

They are constant and current limitations that, for reasons of public interest, are
imposed on the owner of the private property. It is a police activity that implies the
weakening of the exercise of private property rights. They do not dismember the property,
but rather impose tolerance on the part of the owner, in the interest of the community. The
restriction diminishes the particular domain, without taking away or eliminating it or
eliminating the property (as in the case of expropriation). E.g. municipal ordinances that
prohibit the construction of buildings above a certain height due to the passage of planes or
seismic soils. The administrative limitations on property are established based on the public
interest, and are different from those regulated by civil law, aimed at determining the limits
of the property rights of individuals and reconciling interests.

WHAT ARE THE CHARACTERISTICS OF ADMINISTRATIVE RESTRICTIONS?

to.) Generality: because they are not imposed on certain things, but rather affect all things
that are in the same situation and conditions.
b.) They are Constant: they are not established for a specific time.
c.) They are unlimited in number: since they arise from public needs and these cannot be
limited to a numerical limit.
d.) They impose on the owner an obligation not to do or stop doing.
and.) They do not give rise to compensation, as they do not imply a decrease in the right of
property, this does not produce legal damage.
F.) They affect not only immovable things, but can also affect movable things, as long as
these can affect public order, e.g. Avoid black smoke to avoid damaging the
environment.

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EXPLAIN THE HISTORICAL PROCESS OF ENVIRONMENTAL LAW IN GUATEMALA?
Within the background of the Environmental Department of Guatemala, it is necessary to
refer to the STOCKHOLM DECLARATION ON THE HUMAN ENVIRONMENT, held in
Stockholm, Sweden in 1972, in which 112 states participated, one of them being Guatemala,
in which it accepted said declaration being integrated into the municipal programs for the
protection and improvement of the environment, and the quality of life in what corresponds
to its territory, which is found in the recitals of the Dto. 68-89 of the Congress of the
Republic LAW FOR PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT. In which
the NATIONAL ENVIRONMENT COMMISSION was created, the body in charge of creating an
adequate increase to plan, cooperate and execute a national plan to achieve the objectives of
conserving and improving the environment.

WHAT IS THE NATIONAL ENVIRONMENTAL COMMISSION?

It is a body that reports directly to the president of the republic and has advisory and
coordination functions for all actions aimed at the formulation and application of national
policy, for the protection and improvement of the environment.

HOW IS CONAMA INTEGRATED?

to.) by a Coordinator, appointed by the President of the Republic, who must meet the
same qualities as a Minister of State, in addition to being professional or technical in
the field and having a minimum experience of 2 years. Its functions are regulated in
art. 23 of the discount 68-89
b.) Technical Council, which is made up of 10 members (Arto. 24 Discount 68-89) and its
functions are regulated in art. 25 of the aforementioned law.

WHAT ARE STATE ASSETS?

The state patrimony is made up of assets of all kinds that are at the disposal of an
administrative body, to serve administrative purposes. Public assets or things are
considered those that, while part of the state patrimony, are used by the administration.

HOW ARE STATE ASSETS CLASSIFIED?

By the way they can be used:
- Commonly used
- For public use
- For private or exclusive use of the administration.

WHAT ARE PRIVATE USE PROPERTY?

They are used by the administration to fulfill its purposes, but they are not available to
everyone, for example, buildings, office materials, furniture, vehicles and other goods are not
generally available to people.

WHAT ARE PUBLIC USE PROPERTY?

They are intended for the service of everyone, and at the disposal of everyone, or at least of a

64
 non-individualized sector of the generality, such as coasts, rivers, roads, bridges, etc., their
use is generally done without special permission, without However, they can be regulated,
without this depriving the public character of common use.

WHAT ARE THE ASSETS OF THE BUDGET?

It is the set of capital resources (tax and financial) that the State captures for its operation,
provision of services, investment in public works and its maintenance. These goods or
resources are collected through taxes, excise taxes, fees, rents, contributions, royalties,
interests, credits, loans, donations, etc., obtained inside and outside the state.
NOTE: see Art. 121 of the Constitution.

WHAT ARE THE CHARACTERISTICS OF STATE ASSETS?

to.) They are inalienable (Art. 461 Civil Code)
b.) State property never prescribes (art. 461 Civil Code)
c.) They are exempt from paying taxes, except in the case of construction for
improvements that the municipality makes to its streets.
d.) All inhabitants can take advantage of them, always with the restrictions established
by law. Artos. 461 to 463 Civil Code.

WHAT ARE THE ELEMENTS OF STATE ASSETS?

a) The state and its decentralized and autonomous entities are the holders of the real
property right.
b) The assets can be movable or immovable.
c) Teleological or finalist element: it is the use of public goods for the direct or indirect use of
the community.
d) Legal element: it is presented through the set of legal provisions that establish the types of
assets in the public domain.

WHAT IS THE LEGAL REGULATION OF STATE PROPERTY?

Art. 121 of the Constitution, 456 to 459 of the Civil Code.

WHAT ARE THE DIFFERENCES WITH PRIVATE HERITAGE?

to.) Goods in the public domain are not susceptible to commerce; while those in the
private domain are susceptible to free enjoyment of disposal.
b.) Public domain assets are usable by all individuals, while private assets are usable by
the legitimate owner.
c.) Public domain assets cannot be seized, while privately owned assets are susceptible
to seizure.

WHERE IS REGULATED WHAT IS RELATED TO THE DOMAIN OF WATERS?

In summary form in the Artos. 127 and 128 of the constitution, you can also see the
document prepared by the USAC called CONSIDERATIONS FOR THE ORDERING OF A
GENERAL WATER LAW.

65
WHERE IS REGULATED WHAT IS RELATED TO THE USE OF WATER?
Art. 127 of the Constitution.

WHAT IS THE CIVIL AND ADMINISTRATIVE LEGAL REGULATION REGARDING THE DOMAIN
OF WATERS?
a) Artos. 579 to 588 Civil Code
b) Agrarian Transformation Law
c) Municipal Code
d) DIGESA Regulations
e) Environmental Protection and Improvement Law
f) Mining Law.

EXPLAIN WHAT IS RELATED TO THE DOMAIN OF THE UNDERGROUND?

When we talk about subsoil, all those NON-RENEWABLE resources are included (e.g.
minerals and hydrocarbons) that, in accordance with the CPR They are resources that
belong to the State, and are regulated by special laws (Mining Law and Hydrocarbon Law).
See Art. 125 CPR and Artos. 4 and 5 of the Hydrocarbons Law.

WHAT ARE THE ELEMENTS OF THE SUBSOIL DOMAIN?

to.) The State, which is the legitimate owner of the subsoil, hydrocarbon deposits and
minerals.
b.) The elements found in the subsoil, hydrocarbon and mineral deposits, as well as any
other organic or inorganic substance in the subsoil.

WHAT ARE THE CHARACTERISTICS?

a) It is a property owned by the State
b) It is imprescriptible
c) It may be subject to exploitation and exploration by national or foreign individuals.
d) They are non-renewable resources

WHAT IS THE CLASSIFICATION OF SUBSSOIL RESOURCES?

- Hydrocarbons
- Mines

WHERE IS REGULATED WHAT IS RELATED TO HYDROCARBONS?

Hydrocarbon Law, Decree. Law 109-83

WHERE IS REGULATED MATTER REGARDING MINES?

Mining Law, Decree. 41-93 of Congress.

EXPLAIN WHAT IS RELATED TO CONCESSIONS AND CONTRACTS FOR THE EXPLOITATION

AND EXPLORATION OF OIL AND HYDROCARBONS?
The general provisions for oil operations contracts are contained within the Hydrocarbons
Law, from articles 8 to 24; also in the regulations that regulate the execution of contracts for

66
 the exploration and/or exploitation of hydrocarbons, regulations for operating as a
contractor for oil services or a subcontractor for oil services.

WHAT IS THE EXPLORATION AREA?

It is the area that the contractor retains for the development of its oil exploitation operations
as a result of one or more discoveries of commercial fields in accordance with the law and
the contract.
NOTE: read the hydrocarbon law and the mining law.

WHAT ARE EXPLORATION LICENSES?

They are those that confer on the holder the exclusive power to locate, study and analyze the
deposits for which it has been granted.

WHAT IS THE TERM OF THE EXPLORATION LICENSE?

3 years extendable for up to 2 equal or shorter periods.

WHAT ARE THE RIGHTS OF THE EXPLORATION LICENSE HOLDER?

a) Extension of your license
b) renounce or transfer ownership of your license
c) franchises, benefits and exemptions

WHAT ARE THE OBLIGATIONS OF THE HOLDER OF AN EXPLORATION LICENSE?

a) Start operations within a maximum period of 6 months
b) Notify the Directorate of the discovery of other different minerals
c) Inform management within 3 months from the end of each exploration year about:
- description of operations and jobs
- description of investment made

WHAT ARE EXPLOITATION CONCESSIONS?

The exploitation concession confers on the holder the exclusive power to exploit the deposits
for which it has been granted.

WHAT IS THE TERM OF AN EXPLOITATION CONCESSION?

25 years, extendable for 1 or more equal or shorter periods.

WHAT ARE THE RIGHTS OF A CONCESSION HOLDER?

a) Extension of your concession
b) Have mineral products
c) Franchises, benefits and exemptions

WHAT ARE THE OBLIGATIONS OF THE OWNER?

a) Start operations within a maximum period of 18 months
b) Constitute a bond, insurance or other guarantee in favor of the Ministry, for the benefit of
the owner or despite the land.

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WHAT DOES THE IMPACT CONSIST OF?
It means the subjection of a property to the special regime of the public domain, due to the
public utility for which it is intended. It presupposes a power of disposition and is an
administrative legal act with specific effects that differs from the usual administrative acts in
that it lacks an addressee, that is, it is directed to a thing, not a person, and not even its
owner can be considered an addressee. since his person is indifferent to the administration.

WHAT IS DISAFFECTATION?
It occurs when the public administration removes the assets it owns from its inventories and
transfers them, through the procedures established by law, to the property of individuals,
through the public auction procedure.

WHAT IS THE LEGAL REGULATION OF THE ACQUISITION AND DISPOSAL OF STATE

PROPERTY?
State Procurement Law, Decree. 57-92 of the Congress of the Republic and its regulations,
Government Agreement 1056-92 of the President in the Council of Ministers dated
December 22, 1992.

WHERE IS REGULATED WHAT IS RELATED TO PUBLIC TENDERING?

artos. 17 to 37 Discount 57-92

WHERE IS REGULATED WHAT IS RELATED TO THE QUOTION SYSTEM?

artos. 38 to 42 Discount 57-92

WHERE IS REGULATED REGARDING DIRECT PURCHASE?

Art. 43

IN GENERAL YOU SHOULD READ ALL THE STATE CONTRACTING LAW AND REGULATIONS!

REPLENISHMENT RESOURCE
Legal basis: Art. 7 and 8 LCA.
ORIGIN: proceeds against a substantive resolution issued by a minister of state or
autonomous entity whose law does not regulate any appeal (Decree 45-83)
If the procedure is completed and there is no substantive resolution, then the amparo is used,
the purpose of which is to set a legal deadline to resolve.
REQUIREMENTS FOR FILING THE APPEAL:
1) must be stated in writing
2) it must be done before the same body that issued the resolution
3) It must be done within 3 business days following the notification

REPLACEMENT APPEAL PROCEDURE:

I) interposition
II) The same minister issues a processing order

68
III) once admitted for processing, proceedings are ordered to be carried out, then the legal
opinion is issued, giving the MP a hearing for 8 business days.
IV) RESOLUTION OF THE REPLACEMENT APPEAL:
No more than 30 business days should pass from the processing order until the resolution is
issued.
The corresponding notification of the resolution must be given.
EFFECTS IT PRODUCES:
a) favorable resolution: the replacement is declared admissible
b) unfavorable resolution: the following effects occur:
1) the replacement is declared void
2) the administrative route is considered exhausted
3) the resolution is final
4) judicial proceedings are opened
c) When there is no resolution:
If 30 business days pass and there is no resolution to the appeal for reconsideration, definitive
ADMINISTRATIVE SILENCE occurs (Art. 8 LCA)
a) there is an unfavorable resolution
b) the administrative route is exhausted
c) the contentious-administrative resource is used
(a notarial record must be prepared establishing that the file was not processed).
------------------------------------------------------------------

REVOCATION APPEAL
Legal basis: Art. 7 and 8 ACL
ORIGIN: 1) Proceeds against a substantive resolution issued by an official lower than a
minister of state, whether vice minister, general director, etc.
2) It also applies when there is no substantive resolution, as long as the administrative silence
has been caused by a minor official of the minister, and whenever an amparo has been filed, a
final deadline has been set for that official and disobeys the amparo ruling. did not issue the
substantive resolution.

INTERPOSITION REQUIREMENT:
1) has notification of the substantive resolution or
2) the deadline set by the protection court expires
3) use the resource within the legal period of 3 business days following the notification or the
expiration of the period established in the protection.
4) file it with the official who knew the initial process or procedure.

PROCEDURE:
I) filing of the revocation
II) a processing order is given that contains
1) admission of the revocation appeal for processing
2) submit the file to the relevant ministry
III) the corresponding minister orders proceedings to gather evidence.

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Once the evidence is collected, the legal opinion is given. The ruling goes to the MP within 8
days.
IV) RESOLUTION OF THE APPEAL:
It is given within a period of no more than 30 business days from the processing order.
EFFECTS PRODUCED BY THE RESOLUTION:
1) it is declared that there is a favorable resolution.
2) it is declared void in this case, its effects are: a) the administrative route is exhausted; b)
the resolution is final; c) we can use the CA
3) when there is no resolution (administrative silence): a) an unfavorable resolution is given;
b) the administrative route is exhausted; c) we can use the CA

APPEAL FOR REVOCATION IN INDIVIDUAL WORK MATTERS

Legal basis: Art. 275 Subsection a) of the Labor Code
ORIGIN: proceeds against the substantive resolutions issued by a minor official to the Ministry
of Labor

PROCEDURE:
1) Filing of the appeal within the legal period of 48 hours from the notification
2) The file is sent immediately to the Ministry of Labor
3) once the file is received by the Ministry of Labor, it has a period of no more than 8 days to
resolve.
4) if the minister does not resolve within a period of no more than 8 days:
a) the administrative route is considered exhausted
b) Arto judicial avenue is opened. 275 Labor Code
c) the revocation appeal is considered unfavorable
RESOLUTION OF THE REVOCATION APPEAL
EFFECTS:
a) favorable - the appeal is declared admissible
b) unfavorable resolution: the revocation appeal is declared void and consequently judicial
proceedings are opened.
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REPLACEMENT RESOURCE IN INDIVIDUAL WORK MATTERS
Legal basis: Art. 275 literal b) Labor Code
ORIGIN: proceeds against the substantive resolutions issued by the Minister of Labor

PROCEDURE:
1) filing of the appeal for reconsideration within the legal period of 48 hours following the
notification
2) It must be filed before the Minister
3) The Minister of Labor must resolve within a period of 8 days, revoking, confirming or
modifying the appealed resolution.
4) after the period of 8 days has elapsed without the ministry having resolved:
a) the administrative or governmental route is considered exhausted
b) appeals for revocation or reinstatement are considered unfavorable, as the case may be.

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RESOLUTION OF THE APPEAL:
a) favorable resolution: the appeal is declared admissible
b) unfavorable resolution: it is declared void and judicial proceedings are opened
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APPEAL FOR REVOCATION IN COLLECTIVE WORK MATTERS
Legal basis: Art. 218 subsection b) Labor Code
ORIGIN: proceeds against a resolution issued by the General Directorate of Labor denying the
registration of a union or modifying its statutes or the election of its representatives

REQUIREMENTS:
1) Filing of the revocation appeal
2) the appeal must be filed within a period of 3 days following the notification.
3) must be filed with the General Directorate of Labor

PROCEDURE:
1) Filing of the revocation appeal within the legal period
2) The General Directorate of Labor sends the file to the Minister of Labor immediately
3) The Minister of Labor upon receiving the file, having no more than 20 days to resolve, if
after 20 days the Minister does not resolve, an AMPARO is raised.

RESOLUTION OF THE REVOCATION APPEAL

1) Favorable resolution: that declares the revocation takes place and orders what the union
requests
2) Unfavorable resolution: declares the revocation void, what occurs after notification are the
following effects:
a) the administrative route is exhausted
b) the resolution is final
c) judicial proceedings are opened
- If they do not register the union we will go to the CA, because it is not a labor benefit, but
rather it is a lawsuit with the public administration.

APPEAL FOR RECONSIDERATION BEFORE THE DEPARTMENTAL GOVERNMENT

Legal basis: Art. 39 of the Government Law
ORIGIN: proceeds against a resolution issued by the governor

REQUIREMENTS OF THE APPEAL FOR RECONSIDERATION

1) must be done in writing
2) it must be done before the governor himself
3) it must be done within 3 days following the notification
RECONSIDERATION PROCESS
I-PHASE: filing for reconsideration that must be done in writing within 3 days after
notification
II-PHASE: the governor has 3 business days to issue the resolution to the reconsideration
appeal (says that the appeal is accepted for processing and the matter is resolved).

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RESOLUTION OF THE APPEAL FOR RECONSIDERATION:
1) the appeal is declared admissible and the enforcement measure is annulled
2) the appeal is declared without merit and consequently the enforcement measure must be
complied with (when the appeal is declared without merit we can use the CLAIM resource).
3) When there is no resolution to the appeal, there is administrative silence; no type of
protection is activated here.
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APPEAL OF CLAIM BEFORE THE DEPARTMENTAL GOVERNMENT
Legal basis: Art. 9 and 71 of the Government Law
APPROPRIATION: a) applicable when an appeal for reconsideration is declared inadmissible
and b) when a resolution that is not a matter of administrative litigation must be challenged.

PROCEDURE:
I-PHASE: 1) the appeal can be made verbally at the time of notification
2) can be done within 3 days of notification
II-PHASE: processing order: issued by the governor and contains: 1) admits the appeal for
processing. 2) orders the preparation of the detailed report. 3) orders the report of the
shipment to the corresponding minister.
III-PHASE: the shipment must be made within 3 days following the filing of the appeal. If the
file is not sent, the interested party goes to the Minister of the Interior to order that the
governor send the file.
IV-PHASE: a) once the file is received by the minister, a processing order is issued, where the
file is deemed to have been received and the appeal filed. b) the necessary procedures are
ordered, making the legal opinion and the MP is given a hearing for a mandatory 8 days.
V-PHASE: RESOLUTION TO THE CLAIM:
EFFECTS:
1) the appeal is declared admissible, the governor's resolution is annulled and the
corresponding resolution is issued. It is ordered that the file be returned after notification to
the government of origin so that the resolution is executed and the proceedings are filed.
2) If the appeal is declared void: a) the resolution is final; b) the resolution is final; c) the
administrative route is exhausted; d) judicial avenues are opened, any judicial avenue except
administrative litigation.
3) if the claim is not resolved after 30 days there is administrative silence: a) there is an
unfavorable resolution; b) the administrative route is exhausted; c) go to court.

APPEAL FOR REVOCATION OF A RESOLUTION OF THE GOVERNOR

Legal basis: Art. 72 Government Law and 7 and 8 LCA

ORIGIN:
It proceeds against the resolutions issued by the governor that must be the subject of
administrative litigation; it does not proceed in civil, criminal, labor, etc. matters.
It also applies when there is administrative silence
When the governor did not resolve a file, protection was requested and he did not respect the

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deadline.

PROCEDURE:

I-PHASE:
The revocation appeal is filed
It must be done before the governor in writing and within 3 business days following the
notification or the expiration of the period set by the protection court.

II-PHASE:
A processing order is issued that: accepts the appeal and orders the report and the sending of
the file to the corresponding minister

III-PHASE:
Reception of the file at the corresponding ministry.

IV-PHASE:
The ministry issues a processing order where the file is considered received, the appeal is
filed, then it orders proceedings, the legal opinion is issued, and the MP is given a mandatory
hearing for 8 days.

V-PHASE:
RESOLUTION TO THE REVOCATION APPEAL:
EFFECTS:
a) The appeal is declared admissible
b) The appeal is declared without merit
1) the governor's resolution remains firm
2) the administrative route is exhausted
3) judicial means can be used, which is administrative litigation
c) If the appeal is not resolved, administrative silence occurs and produces these effects:
1) is equivalent to an unfavorable resolution
2) the administrative route is exhausted
3) judicial means can be used, which is administrative litigation.

APPEALS AGAINST MUNICIPAL RESOLUTIONS

APPEAL
Legal basis: Art. 132 of the Municipal Code
ORIGIN:
proceeds against the resolutions issued in the municipality by an official other than the mayor
or the corporation, that is, resolution of the treasurer, the judge of municipal affairs, secretary
and heads of departments.
INTERPOSITION REQUIREMENTS: Art. 132 Cod. Municipal
1) Regarding the form: it can be done verbally or in writing
2) Regarding the place:

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If it is done verbally, it is done before the notifier and in writing before the authority that
issued the resolution.
3) Temporary requirement:
- if it is done verbally, it must be done at the time of notification
- if done in writing it must be done within 3 days from the last notification
PROCESSING OF THE APPEAL:
1) filing of the appeal either verbally or in writing
2) the municipal authority issues a processing order that says:
a) admits the appeal for processing
b) provides for the preparation of the detailed report
c) orders the sending of the file to the mayor
3) The mayor, upon receiving the file, must issue a processing order, ordering evidence to be
collected.
4) the legal opinion or the opinion of the trustee is ordered to be made
The mayor must resolve the appeal within a period of no more than 30 days after receiving
the file.
RESOLUTION TO THE APPEAL:
1) it is declared valid: it means that the contested resolution is void
2) is declared without place
a) against what was resolved by the mayor there is no other challenge
b) the administrative route is exhausted
c) the resolution is final
d) we cannot go to court
3) if there is no resolution:
If the mayor does not resolve within 30 days, an administrative delay occurs and an amparo is
filed before the departmental first instance judge.
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APPEAL FOR MUNICIPAL REVOCATION
Legal basis: Art. 125, 126, 127 and 129 Cod. Municipal
ORIGIN:
Proceeds against the resolutions of the mayor and resolutions of collegiate bodies
REQUIREMENTS TO FILE THE APPEAL:
1) must be done in writing
2) before the official who issued the substantive resolution
3) it must be done within a period of 3 days following the notification
PROCESSING OF THE REVOCATION APPEAL:
1) The appeal is filed before the authority that issued the substantive resolution
2) the body issues a processing order where:
a) the appeal is considered filed
b) the detailed report is prepared
c) the file is ordered to be sent to the municipal corporation so that it can be reviewed in the
next session.
3) the municipal corporation receives the file and orders that a written opinion of the trustee
be issued.

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The legal opinion is issued by:
a) if there is no legal advisor, go to the departmental delegate of the MP
b) you can go to the municipal affairs judge
c) you can go to the judge of first instance asking for an opinion
4) the municipal corporation has 30 days to issue the resolution of the appeal from the receipt
of the file
RESOLUTION OF THE REVOCATION APPEAL:
1) With place: the appealed resolution is annulled and a resolution is issued in favor of the
individual
2) placeless: effects
a) the resolution is final
b) the administrative route is exhausted
c) judicial proceedings are opened
3) if there is no resolution: if it is not resolved within 30 days there is a delay and an amparo
is filed before the jurisdictional chamber
REPLACEMENT RESOURCE IN MUNICIPAL MATTERS
Legal basis: Art. 127,128 and 129 of the Municipal Code

ORIGIN:
proceeds against resolutions issued by the municipal corporation only when it is original or is
a substantive resolution

REQUIREMENTS TO INTERPOSE IT:

1) is stated in writing
2) it is done before the municipal corporation
3) it must be filed within a period of 3 days following the notification

PROCEDURE:
1) the appeal for reconsideration is filed before the municipal corporation
2) this resource will be known in the next session
3) there must be a written opinion from the trustee
4) the corporation can order the proceedings it deems necessary and issue a legal opinion
5) must resolve within a period of no more than 30 days.

RESOLUTION TO THE REPLACEMENT:

1) it is declared valid: the resolution of the corporation is annulled and a new resolution is
issued
2) the replacement is declared void
EFFECTS:
a) the administrative route is exhausted
b) the resolution is final
c) judicial proceedings are opened
3) if there is no resolution
If the corporation does not resolve within the period of 30 days, there is an administrative

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delay, then protection is requested to set a deadline for the corporation to resolve and if it
does not comply:
1) what leads to disobedience to the members of the corporation is certified
2) compensation for damages is requested
3) I can go to administrative litigation
Protection before a jurisdictional chamber.

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