What to do if you receive an unfair administrative sanction?
Facing an administrative penalty that you consider unfair can be challenging. However, there are legal mechanisms in Ecuador to challenge such sanctions. Here are the steps to follow:
1. Review the sanction notification
The first step is to carefully analyze the administrative act that imposes the sanction. Check:
- The issuing entity: Identify which agency or authority has issued the sanction.
- Reason and regulations applied: Understand the reasons for the sanction and the laws or regulations on which it is based.
- Deadlines for filing appeals: Take note of the established times for filing any appeal or appeal.
2. Collect evidence and legal grounds
It is essential to gather all the documentation and evidence that supports your position. This may include:
- Official documents: Prior communications, contracts, reports, among others.
- Testimonies: Witness statements that can provide relevant information.
- Normative analysis: Review current legislation to identify possible errors or inconsistencies in the sanctioning process.
3. Filing administrative appeals
In Ecuador, the Organic Administrative Code (COA) establishes the following remedies to challenge administrative sanctioning acts:
- Appeal for reconsideration: He filed a complaint with the same authority that issued the sanction, seeking to reconsider his decision. It is important to note that, according to the COA, the choice to go directly to court prevents the challenge in administrative proceedings through an appeal. :contentReference[oaicite:0]{index=0}
- Appeal: If the appeal for reconsideration is rejected or if he decides not to file it, he can appeal to the hierarchical superior of the authority that imposed the sanction. This appeal seeks to have a higher instance review and potentially revoke the initial decision. :contentReference[oaicite:1]{index=1}
It is essential to file these appeals within the established deadlines and comply with the formal requirements that the law requires.
4. Go to court if necessary
If the administrative appeals are unsuccessful or you consider that the decision is still unfair, you have the option of filing a contentious-administrative lawsuit. This process is being carried out before the Court of Administrative Litigation and seeks judicial review of the challenged administrative act. :contentReference[oaicite:2]{index=2}
Conclusion
Facing an unfair administrative penalty requires acting with diligence and knowledge of the legal procedures available. It is advisable to have specialized legal counsel to ensure that your rights are adequately protected and to effectively navigate the challenge process.
