Administrative contentious trial example
- Administrative contentious trial example
- What is the deadline for filing a claim appeal?
- What is the deadline to file the administrative litigation lawsuit?
- What is the deadline for answering the nullity action?
- Types of administrative trial
- Who is in charge of resolving the nullity trial?
- Where do I file a claim appeal?
- When does the administrative claim proceed?
- Organic Law of the Federal Court of Administrative Justice
- How is a contentious-administrative lawsuit handled?
- What are the deadlines for the nullity trial in tax matters?
- How does the nullity proceed?
- Nullity proceedings
The Court of Administrative Litigation shall be composed of a Superior Chamber composed of seven Judges, five Ordinary Chambers composed of three Judges each and a Board of Governors. When the needs of the service so require, in the judgment of the Superior Chamber, Auxiliary Chambers shall be formed, which shall have the competence granted to them by this law.
Article 3.- The appointment of the Magistrates of the Court of Administrative Disputes of the Federal District shall be made under the terms provided by the Political Constitution of the United Mexican States, the Statute of the Government of the Federal District and the Organic Law of the Legislative Assembly of the Federal District.
At the end of the term for which they were appointed, the Magistrates who are not ratified shall formally and materially deliver their office and their report to the Superior Chamber in order to ensure the continuity of the functions of the respective report.
Article 7.- The Magistrates of the Court of Administrative Disputes of the Federal District shall receive the same emoluments and benefits as those corresponding to those of the Superior Court of Justice of the Federal District, which shall be set annually in the Federal District Expenditure Budget approved by the Legislative Assembly of the Federal District for the corresponding fiscal year. Such emoluments and benefits may not be reduced during the term of office.
What is the deadline for filing a claim appeal?
The appeal is filed before the respective chamber or section within 10 working days following the date on which the notification in question takes effect.
What is the deadline to file the administrative litigation lawsuit?
Article 13 of the Federal Law of Administrative Litigation Procedure (LFPCA) establishes, in general, a 30-day term for the filing of the lawsuit; however, it also states that when the interested party dies during the term to initiate the lawsuit, such term shall be suspended for up to one year, …
What is the deadline for answering the nullity action?
The answer to the extension of the complaint must be filed within 20 business days after the effective date of the notification of the resolution of the court admitting the extension of the complaint, pursuant to Article 19 of the LFPCA.
Types of administrative trial
The President, Vice President, and all civil officers of the United States shall be removed from office upon indictment and conviction for treason, bribery, or other high crimes and misdemeanors.
2. The Congress shall have power to fix the penalty for treason; but no sentence for treason shall deprive any person of the right of inheriting or transmitting property by inheritance, nor shall it result in the forfeiture of his property, except during the lifetime of the person convicted.
The United States shall guarantee to every State embraced in this Union a republican form of government, and shall protect every State against invasion, and against internal disturbances, whenever the legislature or the executive (in case the legislature cannot be assembled) shall request it.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Who is in charge of resolving the nullity trial?
– The Court of Administrative Litigation of the Federal District is a jurisdictional body with autonomy and full jurisdiction to settle disputes between individuals and the authorities of the Public Administration of the Federal District.
Where do I file a claim appeal?
The appeal may be defined as “a means of defense or challenge that the parties, plaintiff or defendant, may assert before the Regional Chamber or Section, as the case may be, against the resolutions issued by the examining magistrate or reporter.
When does the administrative claim proceed?
This claim consists of the simple written complaint of the public servant or worker regarding the right he/she is claiming, and is exhausted when it has been decided or when after one month has elapsed since its presentation it has not been resolved.
Organic Law of the Federal Court of Administrative Justice
Once the appeal has been filed, the opposing party is ordered to be informed so that within a term of five days it may express what it deems appropriate and without further procedure, the Chamber is informed so that it may rule within a term of five days. The judge who issued the appealed decision may not be excused.
When the complaint is filed against the decision dismissing the trial before the investigation has been closed, or in case of withdrawal of the plaintiff, it is not necessary to give a hearing to the opposing party.
How is a contentious-administrative lawsuit handled?
– The plaintiff may file his claim through a traditional lawsuit, in writing before the competent regional court or online, through the Online Justice System, for the latter case, the plaintiff must state his option at the time of filing the claim.
What are the deadlines for the nullity trial in tax matters?
The term to file a nullity action The term to file a nullity action when it is processed in the ordinary procedure is within 45 days following the date on which the notification of the challenged resolution has taken effect, as well as when the decree, agreement, act or resolution has entered into effect.
How does the nullity proceed?
It is a Jurisdictional Trial in which the individual or legal entity contests against the public entity that issued the administrative act or administrative resolution, providing evidence, attacking issues of legality and timeliness. …
With respect to the selection of health care plans and providers of medical-hospital health services, every patient, user, or consumer of such plans and services in Puerto Rico is entitled to:
The essential nature of health care requires that patients, users or consumers of medical-hospital health services and facilities, their guardian, and their family members participate in their care. However, patient satisfaction and the effectiveness of care will depend in part on the patient exercising his or her responsibilities in an appropriate manner. These responsibilities include, but are not limited to
The responsibilities of the patient contemplated in this section shall interpret for particular cases according to the academic preparation and socioeconomic condition of the patient for the benefit of the patient, and shall not be understood as a limitation to the exercise of the powers contemplated in the [section on “Effect on other laws and regulations” of this Act].
The Department of Health shall be responsible for implementing the provisions of this Act. For such purposes, it shall adopt and promulgate the necessary regulations for such purposes, including, but not limited to, the mechanisms for the presentation, processing and resolution of complaints and grievances [or complaints].