Infringement Of Due Process and Lack of Efficiency in The Substantiation of The Administrative Summary

Authors

  • Dr. Diego Fernando Trelles Vicuña
  • Abg. Ana Zamora Vázquez

Abstract

This research work conducted a study on the hearing of administrative summaries, to demonstrate the affection of due process. This situation is exacerbated when agreement N° MDT-2019-007 of the Technical Standard for the substantiation of Administrative Summaries is amended by agreement N° MDT-2019-081, regarding the guiding principles stated and the lack of concordance with the single hearing for the substantiation of the administrative summary. This article used the qualitative approach, with a descriptive level of depth, with the application of the inductive - deductive, analytical - synthetic and legal dogmatic methods, which allowed the gathering of relevant information on the subject of study. The results obtained allowed evidence that the procedural principles and therefore due process is violated by holding the hearings in the city of Quito or transferring the substantiating personnel to the different Provincial Delegations. However, the analysis shows the lack of deconcentration and simplification of the procedure, constituting the need to adapt the article of the hearing of administrative summaries of the Technical Standard to comply with a due process that is in harmony with the constitutional and legal principles, instituting support to guarantee the rights of public servants.

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Published

2023-01-16