As a business owner, it’s necessary for you to understand certain legal arguments that you most-certainly should apply to the very structure of your business. So let’s delve into what exactly administrative resources are and what deadlines surround them.
When you started your business, you may have thought it was all about the revenue you can make, how big you can grow to be, and which floor your office is going to be. But, as you’ve learned there are endless amounts of tasks and regulations you need to follow, and then, understanding basic legal terms and concepts is something you need to understand without the need for a law degree.
What are administrative resources?
These resources sit within the administrative law, which is the set of rules in charge of regulating the performance and organisation of the main areas of public administration.
Within these laws, we find administrative resources. These are legal instruments to which a person can appeal to any administrative act that affects him without having to go to court. In short, these resources allow the ability to defend against the decision of the administration without the need for courts or tribunals.
Types of administrative resources
There are two common types of resources to address, so let’s dive into them;
If a qualified resolution or act isn’t rectified or concluded via the administrative route, it’s possible to use an appeal before the superior, hierarchical body of the one who has dictated it. Thus meaning, the administrative appeal is given to the body that has issued it.
If there has been no resolution within a given period, silence is taken as a dismissal. If this is the case, there is no other possible remedy.
In the event that a qualified resolution or act procedure has put an end to the administrative route, the appeal for replacement may be used to in order to potentially appeal – this is a voluntary action from the relevant body. You are also well within your rights to challenge the administrative jurisdiction order directly. Importantly, similarly to the lifting resource, silence will mean a dismissal of the appeal.
There is however, a third resource that I’ve been hiding under my sleeve, the third comes into play in extraordinary circumstances, let’s take a look.
Extraordinary review resource
This resource may be raised only when one of the following four points have been met;
- Error of fact in the dictation of the sentence.
- Appearance of new documents of specific value of resolution.
- Existence of documents or testimony declared false by court ruling.
- Existence of proven sentence resulting from acts of bribery, violence, prevarication, fraudulent machination or any other punishable attitude.
And as the same result as the other two mentioned above, silence is understood as a definitive dismissal.
Administrative resources terms
No need to stress about the deadlines of these resources, below we cover everything you need to know about the three resources that exist;
- Lifting resource. The period of interposition is one month from the notification of the case in an express act, and at any time from the date in which the silence is clearly evident against the alleged acts.
- Replacement resource. You need to distinguish between an express act, which implies a period of interposition of one month from the notification; and the presumed act, which begins the day after a resolution by silence.
- Extraordinary review resource. IF the appeal is imposed by mistake, it will have to be made within four years of the notification. For any other reason, the term will be three months.
With all of the above information in place you will have your administrative resources under control and you can spend more time on mastering a good ERP system to help your business grow.