Post by account_disabled on Feb 20, 2024 4:40:53 GMT
By virtue of all this, we can affirm that an Administration that requires mandatory prior appointments for all its basic service offices, even if it excludes old registries from this obligation, does not respect the principles of service to the general interests, that of proximity to citizens, that of good administration nor that of interdicting arbitrariness. From the perspective of the right to good administration, it means violating this and giving rise to an insufficiently diligent administrative decision, since the probability of relevant damage to the rights and interests of people, including taxpayers, increases and exceeds the savings in administrative costs. that such a mandatory appointment can contribute.
On the other hand, the principles of effectiveness and efficiency referred to in the report do not contradict that of service close to citizens , but rather complement it. And in any case, if there is a contradiction, our Constitution proclaims, as we have seen, service to the citizen as the main purpose of Fax Lists the Administration and reason for its existence; Possible reasons of effectiveness or efficiency could never justify the imposition of a mandatory prior appointment in registration assistance offices and basic care offices. The Administration cannot hide behind these principles or its power of self-organization ; is obliged to reorganize to guarantee the provision of the most basic and immediate services. The opposite would affect, in addition to the aforementioned principles, the dignity and other rights of citizens that constitute the foundation of the political order and social peace (art. 10.1 CE).
All this leads us to conclude that the voluntariness of prior appointments must be guaranteed in the registration assistance offices and in all basic citizen service offices; In other administrative offices where the public is served, such as technicians, the need for this service to be provided at a specific time and by appointment could be duly motivated, without prejudice to these principles. Nothing new; It is what was done before the pandemic.
In short, it is about restoring the balance between the exorbitant powers of the Administration and the rights of citizens that was lost during the pandemic . And it is that in our constitutional system, as explained by teacher García de Enterría speaking of administrative law "... it is made, therefore, of a balance (of course difficult, but possible) between privileges and guarantees. Ultimately, all legal-administrative problems consist - and this should be kept in mind - in seeking that balance, ensuring it when it has been found and reconstructing it when it has been lost. In short, what it is about is pursuing and obtaining the effective service of the general interest, without diminishing the equally respectable legal situations of citizens.
On the other hand, the principles of effectiveness and efficiency referred to in the report do not contradict that of service close to citizens , but rather complement it. And in any case, if there is a contradiction, our Constitution proclaims, as we have seen, service to the citizen as the main purpose of Fax Lists the Administration and reason for its existence; Possible reasons of effectiveness or efficiency could never justify the imposition of a mandatory prior appointment in registration assistance offices and basic care offices. The Administration cannot hide behind these principles or its power of self-organization ; is obliged to reorganize to guarantee the provision of the most basic and immediate services. The opposite would affect, in addition to the aforementioned principles, the dignity and other rights of citizens that constitute the foundation of the political order and social peace (art. 10.1 CE).
All this leads us to conclude that the voluntariness of prior appointments must be guaranteed in the registration assistance offices and in all basic citizen service offices; In other administrative offices where the public is served, such as technicians, the need for this service to be provided at a specific time and by appointment could be duly motivated, without prejudice to these principles. Nothing new; It is what was done before the pandemic.
In short, it is about restoring the balance between the exorbitant powers of the Administration and the rights of citizens that was lost during the pandemic . And it is that in our constitutional system, as explained by teacher García de Enterría speaking of administrative law "... it is made, therefore, of a balance (of course difficult, but possible) between privileges and guarantees. Ultimately, all legal-administrative problems consist - and this should be kept in mind - in seeking that balance, ensuring it when it has been found and reconstructing it when it has been lost. In short, what it is about is pursuing and obtaining the effective service of the general interest, without diminishing the equally respectable legal situations of citizens.
