is recurrent calls for extraordinary full compliance with the requirement to convene two working days in advance so tight. Something which together with the lack of clear laws and regulations in this area makes repeated conflicts occur, that being formal, they often end up in court.
conflicts often stem from the interpretation of "absence of the notice in accordance with law," taking into account the provisions of article 46 of Law No. 7 / 1985, 2 April, regulating the Rules of the Local. The
Art. 46.b) of LRBRL says "The plenary session be convened at least two working days in advance, except the extraordinary that have been on an urgent basis, the invitation to this character must be ratified by Parliament. "
full documentation of the items on the agenda, which should provide a basis for discussion and, if necessary, vote, must appear at the disposal of the Aldermen or deputies, from the day of the call, the Secretary of the Corporation. Rather than by itself game and non-working days as we mentioned in another post, is distorted. A call made by 23 December at 15 hours will be at the municipal level, to be on the 24th working but not working, you restrict access to information until the day of the plenary.
The article 5 of the Civil Code says:
1 .- When not otherwise specified, in due time for days, as of a given, it would be excluded from the calculation, which should begin in the next day, and if those deadlines were set for months or years, counted from date to date. When the month of expiration equivalent to no day of reckoning, it is understood that the period expires the end of the month.
2 .- In computing the deadlines calendar does not exclude a holiday.
The article 47 of the Administrative Procedure Act July 17, 1958 (hereafter LPA) said:
1 .- The administrative acts are void in the following cases:
a) The dictates for manifestly incompetent body.
b) Those whose content is impossible or constitute an offense.
c) The total issued and absolutely ignoring the legally established procedure for this or
standards containing the essential rules for the formation of the will of the collegiate bodies.
2 .- They will also be null and void Administrative provisions as provided in Article 28 of the Legal System of State Administration.
The article No. 59 of the Administrative Procedure Act of July 17, 1958, which reads: The deadlines will always have from the day following that on which the product service or publication of the act in question. To which is added by a municipality refers to the journal "The consultant of the councils" that No. 201/86 stated:
"Given the general principle that in due time by days begin to run from the day following the notification or publication of the act, as have both Article 5 of the Civil Code as 59 of the Administrative Procedure Act July 17, 1958, the requirement of Article No. 46.2.b) of Law 7 / 1985, April 2 (EC 404/85) with the same content as that provided for the special sessions Article 294 of the Local Government Act 1985, means he has to mediate, at least two full business days, so if the session is to be held on 21, and assuming the nonexistence of a holiday before, the call should be made as late as 18. "
is true that at the municipal level it is customary to serve notice be not" within days "but as the expiration of 48 hours after the call is delivered and the beginning of the session. Something that I put in doubt and that creates great injustice. And also, I do not think legally hold based on our current rules.
In conclusion, an application is arbitrary, unfair and varied deadlines are met in full calls. But view of this blog is that the legal standard that persists, as case, is:
2 working days counted from the sitting back, not counting the very day of the completion of the session and following the official calendar of working days in local government. The manners and customs ..... leave it till your home.
0 comments:
Post a Comment