What are the causes of nullity and voidability

The Common Administrative Procedure of Public Administrations (hereinafter LPACAP). An appeal or optional reconsideration may be filed against the resolutions and procedural acts provided that. Directly or indirectly, they decided on the merits of the matter. Determined the impossibility of continuing with the procedure, produced defenselessness or irreparable damage to rights or legitimate interests. And this, ultimately. Invoking the existence of a defect of nullity or voidability . The causes of the latter. Nullity and voidability in administrative law , are regulated in articles and of the for nullity of administrative acts The acts of the Public Administrations in which any of the following circumstances occur are null and void. In accordance with article of the LPACAP: That violate the rights and freedoms susceptible to constitutional protection .

It is included in article of the LPACAP as fundamental

Consequently, in the event that an administrative act damages any of them, without a doubt. It must be declared null and void. Those dictated by a body manifestly incompetent due to the Korea WhatsApp Number Data subject matter or the territory. In this case. The incompetence will have to be ostensible and clear. The need for interpretative efforts (STS of February , of the Contentious-Administrative Chamber of appeal no. /). Let us not forget that hierarchical incompetence. As we have already had the opportunity to analyze in another entry. Would not be included in this reason for nullity, but rather we would find ourselves facing a defect of voidability susceptible to validation. Those that have an impossible content.

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This assumption has been assessed with great caution

Those that constitute a criminal offense or are issued as a consequence of it. Those administrative acts issued by the Administration, whose decision constitutes a crime or have been issued New Zealand WhatsApp Number List committing any of the infractions classified in the Penal Code, may be declared null and void. The dictates totally and absolutely disregarding the legally established procedure or the norms that contain the essential rules for the formation of the will of the collegiate bodies . In these cases, it is understood that the administrative act is null and void when an essential procedure or rule has been omitted, which due to its severity cannot be corrected (STS of February , of the Contentious Chamber). -Administrative and STS of March , of the Contentious-Administrative Chamber).