New arrivals – January 7, 2019
By constitutional mandate, the State has the obligation to promote economic and social development, as well as guarantee economic freedom, promoting and protecting private initiative within the necessary conditions to increase national wealth and to ensure its benefits to the greatest number of citizens. country's inhabitants.
In this sense, the Legislative Assembly approved on February 13, 2018, the Administrative Procedures Law, whose provisions are intended to regulate the requirements of validity and effectiveness of administrative actions and the exercise of the normative power of the Public Administration.
This new law created the need to establish a new legal regime that would help prevent and eliminate bureaucratic barriers lacking legal grounds, reasonableness, that restrict or hinder the access or permanence of economic agents in the market, and that constitute breaches. of the norms or principles that govern the normative power of the Public Administration.
As a result of the above, the Law for the Elimination of Bureaucratic Barriers is approved on December 12, 2018, with the purpose of establishing a legal framework to prevent and eliminate bureaucratic barriers, lacking legal grounds and/or reasonableness, with the purpose of main purpose of procuring an efficient provision of services by the entities of the Public Administration. This Law regulates the procedure for the subsequent control of the procedures, that is, the procedure for the analysis of the elements, demands and requirements, contained in the procedures that are not previously established in the law.
The Obligated Subjects according to the Law are the three State Bodies (executive, legislative and judicial); Public institutions and municipalities.
From this Law, the Bureaucratic Barriers Elimination Tribunal is created, hereinafter called "TEBB", whose objective is to carry out the subsequent control of the procedures established by the obligated subjects, analyzing if the demands and requirements thereof lack legal basis, of reasonableness, that make them obstacles for users or constitute breaches of the rules and principles that govern the power to create their own rules that regulate the service they provide.
El control procedure that will be exercised by the TEBB starts with a complaint from the interested party, and must contain: the element, demand or requirement of the denounced procedure, considered lacking legal grounds or reasonableness, the public institution or institutions that apply it, the material facts or omissions, the legal grounds and the corresponding evidence, the complaint is admitted in 5 days and the institution denounced is granted 10 days to justify the legality of its actions; it is opened for trial for a period of no more than 20 days nor less than 8 and once the procedure is finished, the TEBB must issue the resolution in a period of no more than 15 days.
Sanctions for violations of the Law will be sanctioned with fines of five to twenty monthly minimum wages for the industrial sector, in accordance with the seriousness of the violation, the damage caused, the effect on third parties, the duration of the violation and the dimensions of the crime. market on which the infringement has an impact.
The Law will enter into force 90 days after its publication in the Official Gazette and the first members of the TEBB will be appointed 90 days after its entry into force.
For more information contact us at: elsalvador@latinalliance.co