It is a branch of law that regulates the relationship between public administration and citizens, as well as the internal functioning of governmental entities and organizations. Essentially, it ensures that public administration acts justly, legally, and efficiently in the exercise of its functions.
Our team provides advice and defense in Administrative and Administrative-Contentious Law proceedings, specializing in complex cases, to ensure that your rights are not violated in dealings with public administration.
We manage, process, and claim before public administration and justice institutions to protect your rights as a citizen.
We are familiar with the legal framework governing administrative acts and procedures, as well as your obligations and responsibilities with public institutions.
Public Procurement: Advice on contracts, payment claims, drafting legal reports, processing administrative requests, and filing judicial claims.
Administrative Licenses: Assistance with obtaining public licenses and permits for activities, such as opening a business.
Sanctioning Administrative Procedures: Defense in cases of fines or sanctions imposed by public administration at both administrative and judicial levels.
Compulsory Expropriation: Advice and management in cases where compensation from public administration is required, such as when the State (Public Works/Municipalities/Electric Companies) needs to construct a project on your land.
Labor Relations with the Public Sector: Advice and administrative and judicial claims related to the rights of public servants.
Citizen interactions with administration can arise from various administrative activities, which may adversely affect the citizen.
For example, you may be harmed by: the issuance of an illegal administrative act (contrary to law), violation of your rights in an administrative procedure, an illegally imposed sanction, actions by the administration causing harm, contract execution disputes, etc.
You need a lawyer whenever public administration activities harm you, especially because the time to file claims, appeals, complaints, or lawsuits is limited. Missing the deadlines may cause unjust harm.
It is necessary to seek legal advice during all pre-contractual stages, including reviewing requirements and enabling documents, handling questions and answers, and filing possible claims before the contracting entity or SERCOP for unjustified disqualification of offers.
Yes, such actions generally aim to control the legality of administrative activity to protect citizens' rights and legitimate interests against overreach (arbitrariness) by public administration.
The time to file an administrative-contentious action varies depending on the type of action.
In some cases, it is short, such as 90 working days for an unfavorable administrative act, while in others, it may extend up to 5 years, such as in contractual matters.
Therefore, seeking advice as soon as you become aware of the harm caused is crucial.
Depending on the process, judges can annul harmful acts, nullify sanctioning procedures, or order the State to make payments for contractual or labor claims.
The law views administrative-contentious processes as judicial instruments to challenge general provisions and explicit or implicit acts of public administration at both state and autonomous levels.
The parties in the administrative litigation process can be:
The plaintiff can be a natural or legal person, either a private or public entity. In other words, the plaintiff can act as an individual or as a representative of their company.
The defendant administration is the legal entity responsible for the actions that gave rise to the plaintiff's claims, meaning the entity that violated their rights.
In some cases, it may also be necessary to include the State Attorney General's Office in the lawsuit.
The right to petition allows individuals to make requests to public sector entities, which must respond promptly and reasonably. If problems arise in the process, authorities must assist in resolving them.
This is enshrined in Article 66, number 23 of Ecuador’s Constitution, and Article 32 of the Organic Administrative Code.
Public administration generally has 30 days to respond to citizens' petitions.
Yes, you may file appeals or extraordinary review requests in administrative proceedings.
Note that the timeframes for some appeals are short; for example, an appeal must be filed within 10 days of notification of the unfavorable administrative act.
Electronic notification has the same legal effects as personal notification.
Administrative silence occurs when a public entity fails to respond within the set timeframe.
Generally, a 30-day period applies. In cases of silence, the petition or claim is deemed automatically granted.
Yes, public administration must acknowledge receipt of citizens' petitions, whether in physical or digital form.
Public administrations are officially responsible for procedural momentum.
Citizens may also initiate procedural actions, particularly regarding evidence. Administrations are obliged to correct errors or omissions in legal requests or claims.
It begins with notification of the resolution charging the investigated party, detailing the acts or omissions constituting administrative infractions, the regulations they violate, and the sanctions.
It is crucial to have your lawyer respond promptly and participate in the sanctioning procedure, presenting evidence and attending necessary hearings.
The National Public Procurement Service (SERCOP) is responsible for resolving and sanctioning violations under Article 106 of the LOSNCP.
Article 101 of the LOSNCP states: Any official or employee responsible for the payment of invoices or other obligations of a contracting entity who unduly withholds or delays payment of the corresponding amounts, contrary to the payment procedures established in the respective contracts, shall be dismissed from their position by the appointing authority and fined no less than 10 unified basic salaries, which may reach up to ten percent (10%) of the unduly withheld amount, without prejudice to any applicable civil or criminal actions."
At ABLITCO Legal Services, we provide guidance and advice on the necessary procedures to enforce your rights effectively.
You have five (5) days to exercise your right to defense.
Under Article 34 of the Organic Law of Transparency and Access to Public Information (LOTAIP), public information requests must be answered within ten (10) days, extendable by five (5) days for justified reasons.
Failure to comply allows for a constitutional action to access public information.
You can exercise your defense by appealing the resolution before the District Administrative Contentious Courts.
You can challenge the sanction before the District Administrative Contentious Courts within thirty days of notification.
No, dismissal cannot be directly ordered without initiating a disciplinary administrative procedure ensuring your constitutional right to defense.
Cessation of functions marks the end of public service provision with State institutions.
The General Regulations to the Organic Law of Public Service (LOSEP) establish:
Article 111 of the General Regulations to the Organic Law on Public Service states: "The settlement and payment of entitlements owed to the employee shall be carried out within fifteen days following the termination of functions, and after the employee has completed the corresponding act of delivery-receipt of goods, as established in Article 110 of this General Regulation. The Institutional Financial Unit shall be responsible for the payment. The settlement of entitlements shall include the proportional part of any supplementary income to which the employee is entitled, in addition to what is provided in Article 31 of this General Regulation."
If the Financial Unit (Directorate/Department) fails to make the settlement payment within the fifteen-day period following the termination of functions, you may initiate an administrative and/or judicial claim.
At ABLITCO Legal Services, we guide you in implementing the best strategy to ensure your rights are upheld.
