WEBVTT 1 00:00:00.760 --> 00:00:04.960 For your seven billion dollars. We allegory it whenever there are risks of ninety 2 00:00:05.080 --> 00:00:09.800 percent are SMEs that generate eighty per s give me, twenty minutes of your 3 00:00:09.839 --> 00:00:13.080 time and I, in return, would give you information on the most relevant 4 00:00:13.119 --> 00:00:18.559 issues in foreign trade, tax and customs with a human touch And let' 5 00:00:18.800 --> 00:00:26.120 s make a truk, a telese magas podcast Mexina hello. How about good 6 00:00:26.199 --> 00:00:33.960 afternoon welcome to one more edition of let' s have a barter And we 7 00:00:34.039 --> 00:00:38.359 ' re here today, because we' re going to have a theme by 8 00:00:38.479 --> 00:00:44.399 master Omar Lara, who is connecting at this moment forms of administrative silence. 9 00:00:45.399 --> 00:00:49.560 Well, we also want them to tell us. They already started putting us 10 00:00:49.600 --> 00:00:54.119 here in the chat room where they' re seeing us today. I also 11 00:00:54.119 --> 00:00:59.560 welcome the panelists, Doctor Maximo Carvajal, albista Antonio Carballido and master Hector Castro, 12 00:00:59.719 --> 00:01:06.200 welcome. There too is the engineer Enrique joining and, well, the 13 00:01:06.200 --> 00:01:12.560 Master Sea who already mentioned that she was joining how welcome teacher. Well, 14 00:01:14.319 --> 00:01:19.120 he' s also a professor. You already know of traiten collects it then 15 00:01:19.599 --> 00:01:25.680 always very interesting his presentations. And well, if I may, I' 16 00:01:25.799 --> 00:01:34.959 m going to present your face. Master Omar Lara holds a degree in law 17 00:01:34.000 --> 00:01:41.239 from the Universidad Veracruzana, a specialist in constitutional and administrative matters from the Universidad 18 00:01:41.239 --> 00:01:46.239 Autónoma de Baja California and a master' s degree in legal sciences from the 19 00:01:46.239 --> 00:01:51.239 UABC. It has various courses and degrees in tax law and foreign trade, 20 00:01:51.840 --> 00:01:59.040 as well as the preparation course for the Secretary of correct federal judicial agreements. 21 00:02:00.719 --> 00:02:06.719 He is a professor of administrative, fiscal and customs law from two thousand eight 22 00:02:06.840 --> 00:02:13.520 in various institutions of higher education. He is an exhibitor and writer in fiscal, 23 00:02:14.520 --> 00:02:19.520 administrative and customs matters. He has served as a candidate lawyer since nineteen 24 00:02:19.599 --> 00:02:23.879 hundred and ninety- nine and from two thousand and four he has specialized in 25 00:02:23.919 --> 00:02:27.680 the areas of prosecutor, administrative and customs. He is currently a partner of 26 00:02:27.800 --> 00:02:36.199 the firm Lara González, a tax company consulting group legal network specializing in the 27 00:02:36.199 --> 00:02:40.080 areas of labor, social security, tax, administrative, foreign trade and customs. 28 00:02:40.120 --> 00:02:46.960 And we welcome you Master, because with this important subject for more administrative 29 00:02:46.039 --> 00:02:51.080 silence, I give you the microphone, already, as you know, well, 30 00:02:51.479 --> 00:02:54.439 it is first the presentation and then the question and answer session is given. 31 00:02:57.000 --> 00:03:01.800 Welcome, Thank you Doctor good afternoon, to all, to these a 32 00:03:01.800 --> 00:03:07.599 taste, as always, to be here with the experts. I come here 33 00:03:07.639 --> 00:03:13.039 to settle doubts. Generally speaking, I thank you for your invitation, and 34 00:03:13.039 --> 00:03:16.280 indeed we have a subject here today which, if it is already known to 35 00:03:16.319 --> 00:03:22.280 the majority, I suppose, but it is a subject that must always return 36 00:03:22.280 --> 00:03:28.039 to the basis for remembering things. And definitely, this is a basic issue 37 00:03:28.280 --> 00:03:34.719 in the administrative, fiscal, administrative silence, all the consequences that it has 38 00:03:34.759 --> 00:03:39.639 in the area of administrative activity and precisely what we are going to discuss here 39 00:03:39.639 --> 00:03:46.759 we put it. I' m going to share a little presentation and I 40 00:03:46.759 --> 00:03:59.599 think you' re done, but only the full screen is missing. S 41 00:04:00.319 --> 00:04:03.319 is that it' s PDF. Better. That' s why very well. 42 00:04:03.479 --> 00:04:08.759 Usually good. I don' t see those three dots, but there 43 00:04:08.879 --> 00:04:13.120 ' s a way to present them in pdf. Oh, okay. I 44 00:04:13.159 --> 00:04:18.160 think in his right hand he' s on the bottom, he' s 45 00:04:18.240 --> 00:04:25.319 like a flechita after the lucas and there he can show up ah Ok. 46 00:04:25.560 --> 00:04:28.680 No, no, yes, this yes, I' m presenting, but 47 00:04:28.800 --> 00:04:32.319 this present ask if it looked, because I' m supposed to see it 48 00:04:32.319 --> 00:04:36.240 presented, but I don' t know if you can see it. Yeah, 49 00:04:36.319 --> 00:04:41.240 we see it, yeah, it looks good, take the presentation. 50 00:04:41.319 --> 00:04:45.399 Yes, yes, yes, but be perceived ah perfect. Yeah, I 51 00:04:45.480 --> 00:04:49.120 thought you didn' t see it. Okay. Thank you again. So, 52 00:04:49.199 --> 00:04:54.000 let' s talk and I' m not going to talk about this 53 00:04:54.040 --> 00:05:00.000 issue of administrative silence. And so, precisely in order to enter into the 54 00:05:00.399 --> 00:05:05.959 matter before, I had discussed, because here also a barter of the administrative 55 00:05:06.040 --> 00:05:11.399 legal relationship that occurs, since in the field of public administration, when it 56 00:05:11.600 --> 00:05:16.319 acts and in some way links individuals, even other authorities, to certain acts, 57 00:05:17.120 --> 00:05:23.319 certain behaviors that they must observe, certain burdens are placed, but it 58 00:05:23.439 --> 00:05:26.800 recognizes rights, and so on. What is true is that this administrative activity, 59 00:05:27.759 --> 00:05:32.920 which has the diversity of acts regulation, initiation, contract, fact, 60 00:05:33.639 --> 00:05:39.240 initiation. As for the form of legal expression, there are other classifications, 61 00:05:40.160 --> 00:05:45.720 but as for this aspect of manifestation, as a legal act, it would 62 00:05:45.759 --> 00:05:53.199 be in this sense. As to the fact that when a transit police actually 63 00:05:53.240 --> 00:05:58.759 issues an offence ticket, a fine, as it binds the person to have 64 00:05:58.800 --> 00:06:02.959 the burden of paying to pay is the amount of that fine by virtue of 65 00:06:03.240 --> 00:06:10.800 the fact that, as it violated the transit regulations, the SAT when it 66 00:06:10.839 --> 00:06:15.279 determines a tax credit and places a burden of paying precisely that tax debt derived 67 00:06:15.319 --> 00:06:23.120 from some contribution or perhaps some profit, depending on the origin of the tax 68 00:06:23.199 --> 00:06:29.920 credit. And well, the situation is that the initiative authority has that activity 69 00:06:30.000 --> 00:06:34.480 always and this activity links individuals. What does this have to do with the 70 00:06:34.480 --> 00:06:40.399 administrative silence here? What I would like to point out above all is that 71 00:06:40.480 --> 00:06:46.839 these effects precisely make it possible for the individual to carry out his or her 72 00:06:46.959 --> 00:06:54.879 determinations in the case of such resolutions to comply with his or her duties. 73 00:06:56.399 --> 00:07:02.439 However, there are situations where authority has or rather the law determines certain legal 74 00:07:02.560 --> 00:07:11.000 effects that are not enforceable, to certain situations where there is no express resolution. 75 00:07:13.519 --> 00:07:16.120 That is, this is within the realms of an activity that can be 76 00:07:16.160 --> 00:07:21.800 verified, can be seen, but there is a context where that activity is 77 00:07:21.879 --> 00:07:27.279 not appreciable, but the same law so let us put it fictitiously, because 78 00:07:27.399 --> 00:07:35.959 the correct word presumes that there is a resolution and that it has certain effects. 79 00:07:38.120 --> 00:07:46.360 When this situation occurs in article 8 of the Constitution, the seventeenth constitutes 80 00:07:46.560 --> 00:07:50.279 it here for a question of another nature more than anything else, but in 81 00:07:50.279 --> 00:08:00.680 the general sphere, all the authorities are obliged to respond in a written way 82 00:08:00.759 --> 00:08:05.120 to a written response to petitions that are carried out, also in a peaceful 83 00:08:05.199 --> 00:08:09.360 and respectful way, tells us article 8 of the Constitution, because this we 84 00:08:09.399 --> 00:08:16.319 know as a right of petition. It is a constitutional and general requirement in 85 00:08:16.879 --> 00:08:22.759 which, in some way, we rest that power or right that we have 86 00:08:22.800 --> 00:08:26.399 to demand this from the authority. The 17th Constitution, since it is not 87 00:08:26.480 --> 00:08:31.360 really the right of petition, indicates it only, because it is also a 88 00:08:31.360 --> 00:08:37.519 form of demand, although here it is already within the jurisdiction, where we 89 00:08:37.519 --> 00:08:43.240 can demand a court that issues a decision, a judgment in which it resolves 90 00:08:43.200 --> 00:08:46.639 a matter that is raised to it opens a dispute. And, because this 91 00:08:46.919 --> 00:08:50.480 is equally necessary, because there is also the question of amparo, but it 92 00:08:50.519 --> 00:08:54.879 is not the issue that we are going to deal with. I just wanted 93 00:08:54.960 --> 00:08:58.799 to mention this point. That is why what interests me is the general question 94 00:08:58.919 --> 00:09:05.480 of success agency to the Authority when, therefore, raising that request in this 95 00:09:05.519 --> 00:09:09.759 way, I repeat respectful patience, because they do not respond. Although I 96 00:09:09.840 --> 00:09:13.879 am not going to go into the right of petition either, from here everything 97 00:09:13.919 --> 00:09:18.240 is silent, a lack of action on the part of the Authority in giving 98 00:09:18.240 --> 00:09:24.080 that answer. We make it the request and there is no such answer as 99 00:09:24.120 --> 00:09:30.159 we seek. And what the actress is that a certain period is given although 100 00:09:30.320 --> 00:09:37.440 the right of petition a while ago was considered to be violated when the four 101 00:09:37.519 --> 00:09:43.600 months passed, already a few years ago, a sentence for a criterion, 102 00:09:43.120 --> 00:09:48.399 but a jurisprudential thesis where she says that, since it is according to the 103 00:09:48.480 --> 00:09:54.919 reasonableness of the petition, that is, already the four months are not properly 104 00:09:56.000 --> 00:10:00.639 the time to admit answers, but according to that need that you have answer. 105 00:10:01.519 --> 00:10:03.519 I repeat, I am not going to go into the fact of petition, 106 00:10:03.679 --> 00:10:09.000 but even if you want a question on this subject ahead, we can 107 00:10:09.120 --> 00:10:13.559 also comment there on what I want to do to what I am going to 108 00:10:13.639 --> 00:10:16.399 do with these omissions that have authority, because they are reflected in the right 109 00:10:16.399 --> 00:10:24.759 of petition. However, in the administrative sphere there are certain figures that the 110 00:10:24.080 --> 00:10:31.200 law has created for the purposes of when we are in this situation of this 111 00:10:31.200 --> 00:10:35.679 omission of response, of lack of response the way of action by the individual 112 00:10:35.759 --> 00:10:41.440 is faster, that the answer to be given to the individual does not remain 113 00:10:41.480 --> 00:10:48.200 immobilized. And, obviously, the same inistrative activity, because it flows that 114 00:10:48.240 --> 00:10:52.840 it is dynamic and does not stagnate in the lack of response. We call 115 00:10:52.879 --> 00:10:58.519 this administrative silence. The administrative silence which, in some way, is that 116 00:10:58.559 --> 00:11:05.759 lack of response by an administrative authority. It is what gives rise to these 117 00:11:05.840 --> 00:11:11.360 forms that we are going to discuss a moment more then, because in general 118 00:11:11.440 --> 00:11:15.159 terms, the right of petition is the one that protects us against the author 119 00:11:15.200 --> 00:11:18.720 ' s omission. We give an answer. However, in the context of 120 00:11:18.840 --> 00:11:24.480 the federal civil service, the administrative authors are subject to the law, to 121 00:11:24.559 --> 00:11:28.320 respect this right and, where appropriate, the same law assigns effect to the 122 00:11:28.399 --> 00:11:35.559 lack of response, which we call administrative silence itself. So, the right 123 00:11:35.600 --> 00:11:41.240 of petition, as I mentioned, is the right to demand from you any 124 00:11:41.279 --> 00:11:46.120 authority that responds in writing and notifies that response to a petition also in writing 125 00:11:46.159 --> 00:11:54.759 that peacefully and responsively is made to it. But the administrative silence we will 126 00:11:54.799 --> 00:12:01.399 consider as that omission by the administrative authorities or refraining from resolving an instance, 127 00:12:01.960 --> 00:12:07.679 or says here the author in the dictionary. Now, the silence of the 128 00:12:07.720 --> 00:12:13.799 authors, refraining from ruling against instances presented or promoted by private individuals and that 129 00:12:13.840 --> 00:12:20.240 the law after some time attributed the legal effect of having issued an initiative decision 130 00:12:20.320 --> 00:12:24.639 contrary to the interests of those instances or, where appropriate, favorable. Well, 131 00:12:24.639 --> 00:12:28.639 I think it' s mostly the instances, more than the instances that 132 00:12:28.639 --> 00:12:35.080 promote it. But it is a concept that is in this dictionary for purposes 133 00:12:35.120 --> 00:12:39.080 of distinguishing from what is the right of petition. Then, when the lack 134 00:12:39.120 --> 00:12:43.240 of response is given in the administrative headquarters that call it an administrative order, 135 00:12:43.360 --> 00:12:48.799 it is the one that omits to do so and the law determines the legal 136 00:12:48.879 --> 00:12:58.279 effect, we will be faced with the administrative silence in this table that I 137 00:12:58.320 --> 00:13:03.360 present below, as you can see more graphic. More graphically this case of 138 00:13:03.440 --> 00:13:09.519 an omission of response by an authority. If it can give rise to what 139 00:13:09.639 --> 00:13:15.360 is a simple omission to give answer, there are no effects attributed by law, 140 00:13:15.440 --> 00:13:18.000 say, the law tells us in this case the meaning will be negative 141 00:13:18.080 --> 00:13:24.480 or positive. Here comes the right of petition when that omission, as it 142 00:13:24.559 --> 00:13:31.480 does not have those effects mentioned in the law, but when the law determines 143 00:13:31.559 --> 00:13:39.000 that that lack of response will have a negative meaning or a positive sense, 144 00:13:39.120 --> 00:13:45.159 this effect is before definite resolutions, which is what we call administrative silence itself. 145 00:13:46.039 --> 00:13:50.200 This is then sought out by the fact that you want to avoid immobilization 146 00:13:50.200 --> 00:13:54.960 of the administrative activity. And so, more than anything, what is sought 147 00:13:56.000 --> 00:14:01.399 here is that the individual can defend himself, not that he is previously vulnerable 148 00:14:01.799 --> 00:14:05.559 to these omissions. It must be borne in mind that the right of petition 149 00:14:05.639 --> 00:14:13.320 protects us from all authority, but there, for example, if an authority 150 00:14:13.360 --> 00:14:20.879 where this form of administrative silence does not exist stops me from answering some procedure 151 00:14:20.919 --> 00:14:24.720 or request that I make to it and spends a considerable time. I can 152 00:14:24.759 --> 00:14:28.799 go to the amparo trial and the effect is that the authority will respond. 153 00:14:30.120 --> 00:14:35.799 That is what is sought truth and by generally answering the meaning of Campares' 154 00:14:35.840 --> 00:14:39.759 resolution, or to be, especially the judgment because it is given answer, 155 00:14:41.320 --> 00:14:46.000 the damage that is caused to me, which is the lack of answers, 156 00:14:46.200 --> 00:14:50.279 is understandable. But now I would have to defend myself against this response. 157 00:14:50.759 --> 00:14:56.200 And so within the established legal time limits, that is, it is a 158 00:14:56.240 --> 00:15:01.440 path to follow that because the time is not determined itself and then, because 159 00:15:01.480 --> 00:15:07.159 the respective legislation will have to be seen in each case but in the administrative 160 00:15:07.159 --> 00:15:13.279 silence, the law determines in which cases after a certain time. There are 161 00:15:13.399 --> 00:15:16.360 different times, two months, three months, four months. The general time 162 00:15:16.399 --> 00:15:20.559 is three months that we know in the fiscal code of the Federation, in 163 00:15:20.559 --> 00:15:26.120 the lefe of the initiation procedure and pabey organic of the tematera of justice on 164 00:15:26.120 --> 00:15:28.279 the initiative of the passing of the deadlines. What' s more, it 165 00:15:28.279 --> 00:15:31.799 ' s the law, the tax code, and the befa from Vissatino. 166 00:15:31.519 --> 00:15:35.440 It is those three months, though, I repeat, there may be or 167 00:15:35.679 --> 00:15:41.559 other regulations, state laws, municipal laws, other special laws in terms of 168 00:15:41.600 --> 00:15:48.480 deadlines, but the point is that, after this period it is understood that 169 00:15:48.679 --> 00:15:54.919 you were denied what you requested or that they confirmed what you do not want 170 00:15:54.919 --> 00:15:56.960 to accept or that they gave you what you requested? Already depending on what 171 00:15:56.000 --> 00:16:02.039 the law says, then there is a side effect rivic, not executable. 172 00:16:03.399 --> 00:16:08.240 Executable is when, as I have a duly determined tax credit from a tax 173 00:16:10.120 --> 00:16:15.200 authority. True, he has visited me at home, and after the thirty 174 00:16:15.600 --> 00:16:18.240 - day period, the credit becomes enforceable. If I have not paid for 175 00:16:18.759 --> 00:16:22.080 it, they start the coercive economic procedure, the invisitive one of execution, 176 00:16:22.559 --> 00:16:26.960 because they seize me well and finish it, etcetera. There' s an 177 00:16:26.960 --> 00:16:30.720 execution here, not here. If I ask for it to be declared, 178 00:16:30.919 --> 00:16:37.360 or if a decision determining a tax claim is left unimplemented and not resolved within 179 00:16:37.399 --> 00:16:41.279 the prescribed time limit. And it' s a definite negative, because it 180 00:16:41.320 --> 00:16:42.919 ' s going to be understood that I was denied what I' m asking. 181 00:16:44.559 --> 00:16:49.559 But that definite resolution, as we mentioned, cannot be implemented, but 182 00:16:51.440 --> 00:16:56.000 the authority is still obliged to give an answer And I can expect to explain 183 00:16:56.519 --> 00:17:02.919 it a moment more then. That is the difference between administrative silence itself and 184 00:17:03.039 --> 00:17:07.920 what is an omission that results in a violation of the right of petition. 185 00:17:07.480 --> 00:17:14.680 Now, as I mentioned in the question of the legal relationship, since administrative 186 00:17:14.680 --> 00:17:18.279 activity, whether an administrative act, either the effect of the rule of a 187 00:17:18.359 --> 00:17:23.480 regulation, for example, or the agreement of wills, of a contract or 188 00:17:23.480 --> 00:17:30.000 an administrative act, will generate legal effects that do bind the public administration to 189 00:17:30.039 --> 00:17:40.759 the people. The fact is that, because it is based on some act 190 00:17:40.960 --> 00:17:45.480 precisely perceptible, a trade where what decides in some event that comes to be 191 00:17:45.559 --> 00:17:55.440 given perhaps some question derived from some damage in a public work is manifest the 192 00:17:55.519 --> 00:18:00.680 fact, but in administrative silence there is nothing. In sigistrative simply and plainly, 193 00:18:00.799 --> 00:18:04.480 what one does not answer. Some have said well that more than a 194 00:18:04.519 --> 00:18:11.559 negative resolution is the failure to issue an administrative act or resolution. This is 195 00:18:11.640 --> 00:18:15.839 already left in the doctrinal sphere, the theoretical scope, which is very interesting, 196 00:18:17.599 --> 00:18:22.319 but for legal purposes, the resolution will already have that negative positive effect, 197 00:18:22.480 --> 00:18:29.880 regardless of whether there is such a resolution. Then an express resolution is 198 00:18:29.960 --> 00:18:36.279 that which, in fact, the will of the authority manifests itself through these 199 00:18:36.319 --> 00:18:44.200 avidiative acts regulations contracts or facts derived from the initiative activity, because there is 200 00:18:44.279 --> 00:18:48.119 a tangible event with a prejudice that, therefore, will cause the legal effects 201 00:18:48.160 --> 00:18:55.599 and in the initial silence does not exist, but in this case the fact 202 00:18:55.720 --> 00:19:02.599 that the authority stops responding is binding, because we will think of a request 203 00:19:02.640 --> 00:19:08.319 for evolution of taxes does not give you answer, because you already have the 204 00:19:08.400 --> 00:19:15.319 right to demand through the Court of Justice initiative, because this negative act, 205 00:19:15.799 --> 00:19:19.240 that is, the omission to return you based on a resolution that, although 206 00:19:19.240 --> 00:19:22.640 it does not exist, is presumed to have been in the negative sense. 207 00:19:23.079 --> 00:19:30.200 They are then binding effects that allow us to come to attack these kinds of 208 00:19:30.200 --> 00:19:37.559 situations. What are these kinds of ways in which they are found, although 209 00:19:37.599 --> 00:19:44.359 here I mention generally known federal standards, tax code and federal administrative procedure law. 210 00:19:45.839 --> 00:19:51.920 Or I mentioned a moment ago, because in the diversity of state, 211 00:19:52.000 --> 00:20:00.480 municipal and federal special laws, there may be regulations that establish these forms of 212 00:20:00.519 --> 00:20:07.039 administrative silence, either negative or with positive effects. It will be necessary to 213 00:20:07.119 --> 00:20:11.359 look at each case and then determine what is to be continued. There may 214 00:20:11.400 --> 00:20:18.119 be cases where, as they are not regulated at the state level generally and 215 00:20:18.119 --> 00:20:23.200 at the municipal level, we can therefore turn to an instance, in a 216 00:20:23.200 --> 00:20:26.680 district court, on the grounds that there is a violation of the right of 217 00:20:26.680 --> 00:20:30.480 petition. Although going a little further than what we are going to see later 218 00:20:30.559 --> 00:20:37.799 on at the federal level, basically the activity of the administrative bodies that are 219 00:20:37.799 --> 00:20:41.720 subject to what the Feder de Justicia actival jurisdiction initiates. Any omission that results 220 00:20:41.759 --> 00:20:48.000 in requests or delays resolving proceedings, as it will result in a definite refusal, 221 00:20:48.319 --> 00:20:51.599 as there is a general regulation by the Federal Administrative Court of Justice. 222 00:20:52.640 --> 00:20:59.400 But outside of that general regulation, article 37 tells us to see here to 223 00:20:59.440 --> 00:21:04.400 read. Here you can see the table that says the instances or petitions that 224 00:21:04.440 --> 00:21:11.640 are formulated to the fiscal orders must be resolved within three months. After that 225 00:21:11.720 --> 00:21:17.640 period, without notification of the decision, the person concerned may consider that the 226 00:21:17.640 --> 00:21:23.400 authority has ruled negatively. This is the negative effect we mentioned, and to 227 00:21:23.440 --> 00:21:27.720 bring in the means of defence at any time after that period. As long 228 00:21:27.720 --> 00:21:32.720 as the resolution is not issued or wait until that series is what we said. 229 00:21:33.720 --> 00:21:37.960 It is understood that it is in a negative way, but the Authority 230 00:21:37.039 --> 00:21:41.359 really cannot implement this resolution. Fi will in any case have to resolve the 231 00:21:41.400 --> 00:21:48.720 case raised and the individual may wait or challenge this failure to reply after three 232 00:21:49.200 --> 00:21:53.640 months. Of course there are rules for all this. At this point I 233 00:21:53.759 --> 00:21:57.960 am only going to set out the forms and, well, in some cases 234 00:21:59.000 --> 00:22:02.240 it says the deadline for resolving the consultations referred to five, thirty- four 235 00:22:02.279 --> 00:22:04.880 will be eight months ago to other deadlines. Article one hundred and thirty- 236 00:22:06.119 --> 00:22:11.680 one, for its part, mentions the following from the Tax Code also the 237 00:22:11.680 --> 00:22:17.359 Authority shall issue a decision and notify it within a period not exceeding three months 238 00:22:17.480 --> 00:22:23.319 from the date of appeal. The silence of the Authority shall mean that the 239 00:22:23.400 --> 00:22:30.400 contested act has been confirmed. It may decide to await the express decision or 240 00:22:30.440 --> 00:22:37.200 at any time to challenge the alleged confirmation of the contested act. This word 241 00:22:37.400 --> 00:22:41.519 confirmation, of course, creates a bit of confusion. In some cases it 242 00:22:41.559 --> 00:22:47.720 can be understood as an affirmative or positive ficta, but it really is in 243 00:22:47.839 --> 00:22:51.119 essence a fixed negative, because what it is doing is denying you. What 244 00:22:51.119 --> 00:22:55.480 you' re asking for. If you ask him to cancel, leave him. 245 00:22:55.480 --> 00:22:59.400 Without effect, it is an administrative act, because the negative effect is 246 00:22:59.440 --> 00:23:02.880 that it will tell you that it does not cancel out. But here it 247 00:23:03.039 --> 00:23:08.200 is assumed that the validity of the act is confirmed, because previously that you 248 00:23:10.200 --> 00:23:15.480 contested the act had presumption of legality, then that presumption of legality of the 249 00:23:15.559 --> 00:23:19.880 act is confirmed. So we have to have this negative form, because it 250 00:23:19.880 --> 00:23:26.880 is going to take place either in administrative procedures in general or in administrative appeals 251 00:23:26.960 --> 00:23:36.039 generally. Article 130 provides for an administrative remedy. Now article seventeen of the 252 00:23:36.039 --> 00:23:41.359 faith of initiation procedure tells us the following, unless another legal or administrative provision 253 00:23:41.440 --> 00:23:47.759 of a general nature is established. It may not exceed three months for the 254 00:23:47.839 --> 00:23:53.599 decentralized agency to resolve what is appropriate after the applicable deadline. Resolutions shall be 255 00:23:53.640 --> 00:23:59.839 understood to be negative. Or that meaning, that effect to the promoter, 256 00:24:00.640 --> 00:24:03.759 unless another legal provision or initiative of a general nature, is provided otherwise. 257 00:24:04.720 --> 00:24:08.680 In the event that the refusal is resorted to for lack of resolution and this 258 00:24:08.799 --> 00:24:12.240 in turn is not resolved within the same term, it will be considered confirmed 259 00:24:12.319 --> 00:24:17.880 in the negative sense is the sense of confirmation. Even here he raised a 260 00:24:17.920 --> 00:24:23.480 specific case. We' re going to think that I' m making a 261 00:24:23.480 --> 00:24:25.720 request to some other administration. He' s not answering me. Within three 262 00:24:25.799 --> 00:24:30.079 months, the negative ficta is set up and I go to the review resource, 263 00:24:30.640 --> 00:24:33.799 which is the one that regulates the hierial of the initiation processing. I 264 00:24:33.880 --> 00:24:37.440 submit my appeal for review and because the deadline also passes and the authority does 265 00:24:37.519 --> 00:24:42.359 not answer me and the question is negative on negative. Here it is not 266 00:24:42.640 --> 00:24:52.039 mathematical as the fact that positive signs are going to give you positive negative signs 267 00:24:52.039 --> 00:24:56.640 there. And all this kind of stuff doesn' t work here. Here 268 00:24:56.680 --> 00:25:03.880 the question is a confirmation, confirmation that you were denied what you specifically asked 269 00:25:03.880 --> 00:25:08.200 for. That is the question of confirmative ficta. Article ninety- four, 270 00:25:08.440 --> 00:25:15.400 since it resumes this figure, states which appellant may await the express decision or 271 00:25:15.440 --> 00:25:21.079 challenge the alleged confirmation of the contested act at any time. So I have 272 00:25:21.160 --> 00:25:26.640 the first two assumptions They refer to the Federation' s tax code, the 273 00:25:26.720 --> 00:25:30.279 second to the federal law of initiating proceedings. In the first case, the 274 00:25:30.359 --> 00:25:36.279 tax code is the fictitious refusal. In the second case, it is the 275 00:25:36.400 --> 00:25:41.960 confirmative ficta, in the second block the fera law of initiation procedure, the 276 00:25:42.640 --> 00:25:48.240 seventeen regulates the negative ficta and the article ninety- four the confirmative physical. 277 00:25:48.680 --> 00:25:57.880 All of this I mentioned are decisions of administrative silence, in the negative sense, 278 00:25:59.079 --> 00:26:03.480 now in a positive sense, as it turns out that in tax matters, 279 00:26:04.119 --> 00:26:10.440 because there is no positive physical ficta or affirmative occurs only in the administrative 280 00:26:10.440 --> 00:26:17.839 sphere. It seems over there that also in questions of consultations on tariff classification 281 00:26:17.880 --> 00:26:22.440 there is handled the positive ficta, that is to say, they are confirmed 282 00:26:22.440 --> 00:26:25.880 here by our expert teachers. But it does seem to exist there in that 283 00:26:25.960 --> 00:26:30.480 matter. However, in tax matters as such, since there is now no 284 00:26:30.519 --> 00:26:36.440 such thing as regulating the administrative prosecution if it is stated at the request of 285 00:26:36.559 --> 00:26:41.319 the person concerned, a record of such a circumstance must be issued between the 286 00:26:41.319 --> 00:26:47.279 two working days following the submission of the respective application, with whom the same 287 00:26:47.839 --> 00:26:53.720 record must be decided, when other provisions provide that, after the applicable time 288 00:26:53.759 --> 00:26:56.160 limit, the decision must be taken in a positive sense. That does recognize 289 00:26:56.240 --> 00:27:02.559 the figure that in other types of laws can be handled as positive or positive 290 00:27:02.640 --> 00:27:07.680 affirmative. Later on in the third title chapter of the faith law of invenistrative 291 00:27:07.680 --> 00:27:12.279 position, I believe it was article sixty- eight ms. And I remember 292 00:27:12.400 --> 00:27:17.960 it not badly, but I spoke properly of the definite affirmative, but because 293 00:27:18.000 --> 00:27:22.319 it is already raging. However, article 17 continues to recognize this figure, 294 00:27:22.759 --> 00:27:30.640 providing for the possibility of the legislation establishing this figure. Then this one will 295 00:27:30.640 --> 00:27:37.599 have to see each specific case in the special law in order to be able 296 00:27:37.720 --> 00:27:41.039 to challenge precisely the positive or affirmative ficta. And I say that, in 297 00:27:41.039 --> 00:27:45.279 the case of affirmative action, the law should indicate this, because in the 298 00:27:45.359 --> 00:27:52.440 matter of ficta refusal, the figure derived from the regulation in the Federal Court 299 00:27:52.440 --> 00:27:56.079 of Justice initiative has been generalized, which we are going to see for a 300 00:27:56.079 --> 00:28:02.039 moment. So up to here, we have these forms of administrative silence as 301 00:28:02.079 --> 00:28:07.880 to their effects, truth and we can see them here. The negative effects 302 00:28:07.920 --> 00:28:12.920 will give us a ficta negative and the effects or a ficta confirmative and the 303 00:28:12.960 --> 00:28:18.039 positive effect will give us a form of ficta affirmative or also called positive fi 304 00:28:18.160 --> 00:28:25.920 This I said, because it does generate effects link the individual, but I 305 00:28:26.000 --> 00:28:33.759 return to the point, they cannot be executed. However, the ficta affirmative 306 00:28:33.880 --> 00:28:41.759 does imply the requirement that the individual can make the authority to be recognized to 307 00:28:41.839 --> 00:28:45.480 be configured the ficta affirmative, and it issues a record where the credit that, 308 00:28:47.839 --> 00:28:53.160 in fact, the administrative silence derived from a ficta affirmative. For example, 309 00:28:53.240 --> 00:29:00.480 a permit. If I apply for a permit for x the activity and 310 00:29:00.559 --> 00:29:06.960 if in the regulation regulating this permit it was said that if after three months, 311 00:29:07.279 --> 00:29:10.079 two months, four months, it already depends on the respective rule. 312 00:29:10.759 --> 00:29:15.559 If, after the deadline indicated by the author, a further reply is deemed 313 00:29:15.680 --> 00:29:19.519 to have been granted. That is the figure of the positive affirmative or confirmative 314 00:29:19.640 --> 00:29:25.200 ficta, then I request in a procedure a permit and if the author does 315 00:29:25.279 --> 00:29:27.720 not answer me in the respective case, since it will be understood that I 316 00:29:27.720 --> 00:29:32.839 was granted it, then I will have to go to the opera to send 317 00:29:33.480 --> 00:29:37.119 me the record that, in fact, I already have my permission. For 318 00:29:37.240 --> 00:29:40.920 this figure of administrative silence. The problem is that here again they leave to 319 00:29:41.119 --> 00:29:45.920 the authority the possibility of saying and whether or not this situation is configured, 320 00:29:45.960 --> 00:29:52.559 since obviously there may be petitions that are totally introducible. And in this case, 321 00:29:52.680 --> 00:29:57.200 because we will think that if everything is left in one piece the positive 322 00:29:57.279 --> 00:30:04.400 or firmative ficta, since any situation even illegal could be authorized, then it 323 00:30:04.480 --> 00:30:08.279 is still subject to the Authority of this record, but if you refuse to 324 00:30:08.359 --> 00:30:17.119 give this record, I can challenge this omission. For me then I' 325 00:30:17.160 --> 00:30:21.000 ve seen it like this. Refusal, confirmation and affirmative action are forms that, 326 00:30:21.319 --> 00:30:26.359 although there is no resolution as such, allow the individual to defend himself 327 00:30:26.400 --> 00:30:33.440 not to be vulnerable to this omission of authority. And so also that the 328 00:30:33.480 --> 00:30:37.599 administrative activity, the dynamic initiative, because it does not stop, does not 329 00:30:37.680 --> 00:30:44.279 remain stagnant. I said a moment ago that in the matter of affirmative action, 330 00:30:45.519 --> 00:30:49.000 this must be expressly indicated in the rule. The refusal also, but 331 00:30:49.119 --> 00:30:53.519 there are cases where it is not necessary, because this happens in question of 332 00:30:53.519 --> 00:31:00.279 ficta negative. This third article is the current Organic Law, the Alfe of 333 00:31:00.319 --> 00:31:06.559 Justice initiative and tells us the following, the Court will hear the trials that 334 00:31:06.640 --> 00:31:11.599 are promoted against the final decisions, administrative acts and procedures that indicate below sub 335 00:31:12.039 --> 00:31:19.720 - reaction decima fifth points out to us those that are configured by ficta refusal 336 00:31:21.359 --> 00:31:25.319 in the matters mentioned in this article for the duration of the period indicated in 337 00:31:25.400 --> 00:31:29.000 the Federal Tax Code, the three months, the Federal Law of the initiating 338 00:31:29.039 --> 00:31:33.599 procedure also three months or the applicable provisions, that is, if a special 339 00:31:33.640 --> 00:31:38.920 law regulates administrative silence, since it is also considered within the established time period 340 00:31:38.960 --> 00:31:45.599 and here comes the party where it opens practically any situation in the administrative sphere 341 00:31:45.640 --> 00:31:51.920 says or in its absence within three months, that is, any situation of 342 00:31:52.119 --> 00:31:56.920 these matters that regulates the Federal Court of Administrative Justice, results in an omission 343 00:31:57.000 --> 00:32:01.400 of the authority to resolve within three months, since it is understood that there 344 00:32:01.480 --> 00:32:08.359 is a fixed refusal. This is another cause of widespread denial to virtually the 345 00:32:08.480 --> 00:32:14.880 entire federal civil service. Of course it will be necessary to see particularities, 346 00:32:15.400 --> 00:32:20.640 but the fictitious refusal does not work this way nor does it continue to say, 347 00:32:21.240 --> 00:32:27.039 as well as those that deny in the issuance of the constancy of having 348 00:32:27.119 --> 00:32:30.920 configured the positive resolution ficta when it is provided for in the law that governs 349 00:32:30.000 --> 00:32:30.680 these matters, that is, it refers to the law. If it' 350 00:32:30.680 --> 00:32:32.960 s not in the law, there' s no positive fict. But in 351 00:32:34.000 --> 00:32:37.640 the case of a fictitious refusal, any failure to resolve a period of three 352 00:32:37.640 --> 00:32:44.920 months shall be understood as this figure and may be challenged in the particular case. 353 00:32:45.400 --> 00:32:49.200 In conclusion, this does not apply to the provisions of the preceding paragraph, 354 00:32:49.599 --> 00:32:52.319 in all cases where the right of a recognized third party may be affected 355 00:32:52.039 --> 00:32:59.640 or in a register or annotation at the initiative. So, then, what 356 00:32:59.720 --> 00:33:06.640 are the forms of administrative silence that exist then, indeed, the negative forms 357 00:33:06.799 --> 00:33:10.200 lead us to this definite negative. And where is it understood that you are 358 00:33:10.240 --> 00:33:16.759 denied what you ask for the confirmative ficta, where you have to confirm the 359 00:33:16.759 --> 00:33:23.799 validity of an act of which you are being asked to be left without effect, 360 00:33:24.480 --> 00:33:30.799 or the positive ficta or positive ficta affirmative which implies that you are understood 361 00:33:30.920 --> 00:33:35.000 to be given what you ask for another figure positive ficta? It seems to 362 00:33:35.200 --> 00:33:42.599 me that in this situation of regulation of the system of registration of companies providing 363 00:33:42.599 --> 00:33:49.440 specialized services. If after the deadline set in that regulation, they do not 364 00:33:49.519 --> 00:33:54.039 give you answers, understand that authorizing or registering another form of positive ficta that 365 00:33:54.039 --> 00:33:58.759 is there. And well, as far as the question of forms is concerned, 366 00:33:59.119 --> 00:34:05.039 they are these confirmative, yes, different, I repeat what is actually 367 00:34:05.160 --> 00:34:09.679 the right of petition that when there is no regulation regarding these forms, because 368 00:34:10.199 --> 00:34:15.119 we will be able to exercise in that right of petition. And so, 369 00:34:15.159 --> 00:34:19.760 it would be for the time being, because what we were going to talk 370 00:34:19.760 --> 00:34:22.199 about now. Yes, well, if there are questions with pleasure, then 371 00:34:22.239 --> 00:34:30.280 we are here at our disposal. Thank you, thank you, thank you, 372 00:34:30.280 --> 00:34:32.960 thank you. Well, yes, we have here a question to see 373 00:34:32.960 --> 00:34:39.320 to begin with, says that in my case, the Infonavit restructures me without 374 00:34:39.360 --> 00:34:45.840 I have signed anything, a firm that collects credits for being loving. I 375 00:34:45.960 --> 00:34:52.800 asked Infonavit to give me proof where he signed. More than three months went 376 00:34:52.840 --> 00:34:58.119 by and I' ve been tried He applied for a definite refusal. Then 377 00:34:59.480 --> 00:35:04.159 he came to the home of Infonavid and stuck a leaf. At my address. 378 00:35:04.639 --> 00:35:07.719 The lawyer applied for amparo, but this was in two thousand nineteen. 379 00:35:07.800 --> 00:35:14.519 He says he doesn' t know anything that could be ok Here' s 380 00:35:14.519 --> 00:35:21.079 something to see. It is sometimes difficult to distinguish the situation in terms of 381 00:35:21.159 --> 00:35:28.199 the nature of the act, because Infonavit is indeed a decentralized decision- making 382 00:35:28.199 --> 00:35:32.199 body. It is a grain of centralized public organisation state unemployment that is subject 383 00:35:32.280 --> 00:35:37.239 to administrative and fiscal rules and, definitively, can result in negative fects. 384 00:35:39.440 --> 00:35:44.440 But this is generally the case in the area of relations between the employer and 385 00:35:44.519 --> 00:35:51.119 the infonavit When it comes to situations arising from tax credits as well as housing 386 00:35:51.559 --> 00:35:57.039 credits, it can have a civil effect, but here, in fact, 387 00:35:57.199 --> 00:36:02.480 like what you do, it was a situation that can come within the scope 388 00:36:02.559 --> 00:36:09.960 of administrative nature. You can come in. I do not say this in 389 00:36:09.960 --> 00:36:15.400 a decisive way, because it is subject to the analysis of the criterion of 390 00:36:15.400 --> 00:36:20.960 a court, that is, the court determined that it is an administrative matter, 391 00:36:21.920 --> 00:36:24.400 since, regardless of whether it is related to a housing claim, it 392 00:36:24.400 --> 00:36:29.719 is of a civil nature. The exercise of the right of most of all 393 00:36:29.760 --> 00:36:34.800 to the exercise of the right of initiative that gives subject to the situation of 394 00:36:34.920 --> 00:36:39.920 the nature of the act as such and the infonavirus a decentralized body, although 395 00:36:40.000 --> 00:36:45.320 more I would go for the case of the right of petition. In this 396 00:36:45.400 --> 00:36:49.039 case I would say to myself by right of petition. I think it is 397 00:36:49.159 --> 00:36:53.400 likely that they will not have you I am not saying that that happened was 398 00:36:53.440 --> 00:36:57.920 clear, but it is probable, according to the situation as I am seeing 399 00:36:57.960 --> 00:37:01.639 you being told in some initiating court that it does not proceed because, as 400 00:37:01.719 --> 00:37:07.000 that figure is not recognized as such, you should have gone to sue for 401 00:37:07.039 --> 00:37:10.599 the violation of the right of petition. That is what I now consider to 402 00:37:10.639 --> 00:37:15.440 be the issue of the execution of the civil contract, because yes, that 403 00:37:15.440 --> 00:37:19.760 is yesterday, it is not my subject, not there, but it would 404 00:37:20.039 --> 00:37:24.719 not come in. But in the matter of requesting this as the authority responsible 405 00:37:24.800 --> 00:37:30.599 for regulating everything in the Housing Fund, I think so. There should have 406 00:37:30.599 --> 00:37:32.840 been amparo, but it would be a matter of right of petition and non 407 00:37:34.599 --> 00:37:44.719 - negative amparo. The end. All right, thank you and well, 408 00:37:44.920 --> 00:37:59.440 I' d like to open the microphone to our panelists ahead engineer. Thank 409 00:37:59.440 --> 00:38:05.679 you, to express interesting, interesting talk about this we have heard a lot. 410 00:38:06.159 --> 00:38:07.360 I say how I don' t handle the right. The doctor' 411 00:38:07.440 --> 00:38:15.199 s gonna swipe me here, but this whole thing is awesome. You commented 412 00:38:15.239 --> 00:38:21.360 on tariff classification resolutions. I don' t remember ever having given a positive 413 00:38:21.480 --> 00:38:24.199 a fictitious refusal or asking for any of that clear. What happens is that 414 00:38:24.199 --> 00:38:29.239 you need the little paper where they give you the resolution and they tell you 415 00:38:29.280 --> 00:38:34.159 it' s classified here, because that' s what you have to introduce 416 00:38:34.280 --> 00:38:37.800 yourself to customs then and what they have is I say article forty- seven 417 00:38:37.800 --> 00:38:42.599 forty- eight of customs adria. They tell you you' re four months 418 00:38:42.599 --> 00:38:45.519 old. You have four months to resolve as soon as you have all the 419 00:38:45.519 --> 00:38:51.400 documentation. When they go through that time and have not solved what they do 420 00:38:51.719 --> 00:38:58.519 is they ask you for information and start counting the time again, then they 421 00:38:58.639 --> 00:39:01.679 leave four or eight a year. Whatever they want and that' s what 422 00:39:01.760 --> 00:39:07.400 they do. No, but definitely not. With regard to a classification of 423 00:39:07.480 --> 00:39:12.599 necessity, I have never seen that there is a positive ficta or a negative 424 00:39:13.599 --> 00:39:17.159 ficta and what interesting case not these cases of or subspelicity, of looking at 425 00:39:17.199 --> 00:39:22.480 a happy embrace. Damage, thanks to that for the clarification. Yes, 426 00:39:22.480 --> 00:39:25.639 indeed, I have heard, as I mentioned, that this figure was given 427 00:39:25.760 --> 00:39:30.000 there in consultation. But precisely because I didn' t have it confirmed. 428 00:39:30.400 --> 00:39:32.360 But it' s a good thing it clears that up for us. Thank 429 00:39:32.360 --> 00:39:35.679 you. That' s what happens, you can' t apply it. 430 00:39:36.239 --> 00:39:38.239 I mean saladan. You' re telling me, hey, I got a 431 00:39:38.320 --> 00:39:43.159 positive score. Don' t wait here. If you don' t have 432 00:39:44.000 --> 00:39:46.880 your document, then I haven' t seen anything about it. I don 433 00:39:46.920 --> 00:39:51.360 ' t know if Hector knows a little bit more about that, that I 434 00:39:51.400 --> 00:39:52.599 ' ve been very involved in resolutions of this kind, too. No, 435 00:39:52.679 --> 00:39:58.880 but not me who remembers I never saw a positive ficta or a question like 436 00:39:58.880 --> 00:40:02.320 that. I often talked about it. No more positive resolves. It doesn 437 00:40:02.320 --> 00:40:05.000 ' t affect. There' s no positive here. It affects if you 438 00:40:05.039 --> 00:40:07.719 don' t have the document. No more, you have nothing. Well, 439 00:40:07.800 --> 00:40:15.679 thank you and congratulations. Thank you, thank you. Go ahead, 440 00:40:20.400 --> 00:40:22.920 maesec well this one. As Enrique said, the issue that was dealt with 441 00:40:22.960 --> 00:40:28.000 on the most truly difficult hole day, especially since it is not uncommon for 442 00:40:28.039 --> 00:40:32.480 the Authority to consider the time limits for issuing resolutions, although in practice, 443 00:40:34.239 --> 00:40:38.039 in practice, the rules indicate that the time limits within which the Authority has 444 00:40:38.119 --> 00:40:44.960 to issue the decision run from the time when the file is properly integrated. 445 00:40:49.360 --> 00:40:55.719 And look who says a file is due in integrated Authority. Then the Authority 446 00:40:55.880 --> 00:41:02.360 uses that subterfuge to send you to requests for some information and that the deadline 447 00:41:02.440 --> 00:41:07.119 for resolution is not due. They do it for two reasons. The first 448 00:41:07.199 --> 00:41:15.599 of these is to avoid administrative responsibilities because they incur misdemeanours that have caused you 449 00:41:15.679 --> 00:41:19.880 a penalty, but the other is because the case of injury could occur. 450 00:41:21.280 --> 00:41:28.400 As you point out, when the meaning of the resolution is affirmative, I 451 00:41:28.400 --> 00:41:31.599 ' m going to stay with a case right now. It is simply not 452 00:41:31.920 --> 00:41:36.760 exactly a ficta affirmative, but it is a good hypothesis that is handled by 453 00:41:37.760 --> 00:41:42.400 customs law, which is Article sixty- one fraction seventeen. Article sixty- 454 00:41:42.719 --> 00:41:47.719 one is a catalogue of goods which can be imported without the payment of import 455 00:41:47.719 --> 00:41:53.880 taxes. They are the exemptions and in the article in section seventeen, it 456 00:41:53.880 --> 00:42:00.920 says to see when you donate merchandise to attend to such natural transmas or contingencies 457 00:42:00.920 --> 00:42:07.760 of that nature, and if those goods, for introduction to the country, 458 00:42:07.079 --> 00:42:15.599 are subject to non- tariff regulations and restrictions, then ask the competent authority 459 00:42:15.280 --> 00:42:20.840 to tell you if it agrees that it is imported. That' s it 460 00:42:20.920 --> 00:42:22.840 and it says the norm. If the authority, within a period of ten 461 00:42:22.880 --> 00:42:28.880 days, does not issue a ruling, it considers that the opinion was favourable, 462 00:42:29.760 --> 00:42:35.320 a definite affirmative and grants the corresponding authorization so that it can be imported 463 00:42:35.400 --> 00:42:38.079 into the goods without the payment of contributions. That is an assumption provided for 464 00:42:38.199 --> 00:42:44.280 in the customs law previously. I looked it up? I looked it up? 465 00:42:44.320 --> 00:42:49.320 But I couldn' t locate him earlier. The customs law provided for 466 00:42:49.360 --> 00:42:52.480 the following in article forty- eight forty- nine, one of the two 467 00:42:52.559 --> 00:42:57.360 accounts and is not drugged. It could be that in the forty- nine 468 00:42:57.360 --> 00:43:01.840 it was. But in particular, the assumption is or was when you have 469 00:43:01.920 --> 00:43:08.239 doubts about the classification to nancelary in the merchandise imported with whatever you want, 470 00:43:08.639 --> 00:43:14.480 with which you think it is convenient, but formulates, consults and fulfills the 471 00:43:14.559 --> 00:43:21.719 revolutions and restrictions of both tariff fractions. If after the deadline the authority has 472 00:43:21.800 --> 00:43:27.519 to issue the decision, it does not dictate it, it will be understood 473 00:43:27.519 --> 00:43:30.840 that the ancestry classification, the ancestry fraction that you used, was the correct 474 00:43:30.840 --> 00:43:35.559 one. That was the positive ficta. That rule no longer exists. There 475 00:43:35.599 --> 00:43:42.079 is no longer such a provision and therefore the rule was drafted to say when 476 00:43:42.119 --> 00:43:46.039 there is doubt of advance classification, the individual can formulate a consultation and the 477 00:43:46.119 --> 00:43:54.960 authority will consult the with a technical board of tariff classification so that he will 478 00:43:55.079 --> 00:44:02.840 tell me what is the correct classification of foolishness. The rules for formulating the 479 00:44:02.880 --> 00:44:10.079 relevant resolution and those involved are set out in Annex 6 to the Pheneral Rules, 480 00:44:10.519 --> 00:44:15.400 in Section A and Section B of Link Six, which provide the classification 481 00:44:15.480 --> 00:44:23.920 criteria to be issued by the relevant committee where appropriate. It' s just 482 00:44:24.199 --> 00:44:29.199 an anecdotal issue. Henry' s the expert. Now they change it. 483 00:44:29.519 --> 00:44:36.400 Henry is the expert, but previously we were with the sixth amendment of the 484 00:44:36.480 --> 00:44:42.079 harmonised semen of designation and coding of goods and annex six had an ancestry classification 485 00:44:42.119 --> 00:44:47.159 criterion, but as the modification of the good was done, a honuera was 486 00:44:47.199 --> 00:44:54.880 edited to them import and export, where the seventh amendment is harmonized with that 487 00:44:54.960 --> 00:45:01.840 criterion of classification. Here I gave Dr Maximo Carvajal. It is somewhat anecdotal, 488 00:45:02.920 --> 00:45:10.280 because that annex what they did was they tested the text of the criterion 489 00:45:10.800 --> 00:45:16.800 and published it this text the criterion, realizing that I put there that makes 490 00:45:16.840 --> 00:45:22.719 that criterion have to be removed, but I test it so that in the 491 00:45:22.719 --> 00:45:24.480 consultations they tell me whether they agree or not. They published it and that 492 00:45:24.519 --> 00:45:30.360 annex is published the same all the time. The interesting thing is that in 493 00:45:30.400 --> 00:45:35.039 the sixth amendment and in the seventh amendment. The tariff fraction and the east 494 00:45:36.000 --> 00:45:43.880 number will be economic, but I am going to specifically not change. He 495 00:45:44.000 --> 00:45:47.599 didn' t change ID number that didn' t change. And so that 496 00:45:49.320 --> 00:45:52.599 criterion could have prevailed without having to change it. But at the end of 497 00:45:52.639 --> 00:45:55.719 the day, they didn' t test. What I discussed with the classroom 498 00:45:55.760 --> 00:46:02.119 is to consider that current criterion, which is not true, because legally it 499 00:46:02.239 --> 00:46:07.239 is not But the criterion. The reason to argue that the classification criterion was 500 00:46:07.320 --> 00:46:12.320 correct continues to subsist because the fraction and the nico did not change. But 501 00:46:12.360 --> 00:46:16.440 from the legislative point of view, of legislative technique, it is a valvarity 502 00:46:16.480 --> 00:46:22.480 what they did. Returning to the issue of the refusal or the effects of 503 00:46:22.519 --> 00:46:29.639 the silence of authority, I find the doctor' s comment that the Authority 504 00:46:29.920 --> 00:46:37.239 is silent most right. The law establishes a consequence that is or I am 505 00:46:37.400 --> 00:46:44.679 denied the petition or I have confirmed the act, but it cannot be executed 506 00:46:44.719 --> 00:46:49.559 and when it cannot be executed, the following consequences appear. I' ll 507 00:46:49.599 --> 00:46:52.679 give you an appeal for revocation. During the revocation appeal, I am given 508 00:46:52.760 --> 00:46:57.639 a period within which I will receive the decision of the Authority. But at 509 00:46:57.679 --> 00:47:02.679 the same time they give me a benefit, which is not to guarantee the 510 00:47:02.760 --> 00:47:06.960 tax interest after the time limit within which the decision must be made. The 511 00:47:06.960 --> 00:47:14.000 Authority is silent and we would say that somehow the resolution is confirmed in a 512 00:47:14.079 --> 00:47:19.320 definite way. I can go to the Federal Court of Administrative Justice, or 513 00:47:19.360 --> 00:47:23.440 I can be quiet and expect to be told, but the administrative unit that 514 00:47:23.480 --> 00:47:31.000 collects resumes the administrative procedure of execution and then I would have or would be 515 00:47:31.039 --> 00:47:36.519 obliged to guarantee the fiscal iustence, even if I was in the event that 516 00:47:36.639 --> 00:47:42.519 I went to the appeal to blackize. But it' s very interesting. 517 00:47:42.559 --> 00:47:46.119 The issue is very interesting because really, when one demands Christmas or goes to 518 00:47:46.239 --> 00:47:51.119 the shelter, the only thing that provokes me is that the authority dictates the 519 00:47:51.119 --> 00:47:54.519 resolution. That' s the reality. We returned to the moment I was 520 00:47:54.519 --> 00:48:00.400 issued the resolution. I become aware of it and now yes, in that 521 00:48:00.440 --> 00:48:04.880 the means of enlightenment that, in your case, I judge to be favorable. 522 00:48:06.000 --> 00:48:09.679 And also, to comment on a last criterion that surely horita of being 523 00:48:09.800 --> 00:48:16.199 knowledge to all of you just came out a criterion of the collegiate in matter 524 00:48:16.320 --> 00:48:21.559 initiative of Mexico City, in the sense that the NAM was exercising unconstitutional powers 525 00:48:21.599 --> 00:48:28.920 and waters, because then all the acts of the express authority are unconstitutional. 526 00:48:31.320 --> 00:48:37.960 Very interesting topic, but this is simply today' s topic. Thank you 527 00:48:37.960 --> 00:48:40.920 very much for the comment. It is a topic of reflection and, by 528 00:48:42.000 --> 00:48:44.840 the way, positive. There are more, yes, there are more positive 529 00:48:44.920 --> 00:48:47.360 ones in the donor law and the regulation and in the general rules, but 530 00:48:47.360 --> 00:48:51.039 you have to take a look at them. We leave them for the next 531 00:48:51.039 --> 00:48:54.880 time. This was the negative. Thank you very much, claus bra Thank 532 00:48:54.920 --> 00:49:00.440 you for eating definitively, it is a term, a complete subject and in 533 00:49:00.440 --> 00:49:02.840 matter I donated because I think there is a lot to deepen. The fact 534 00:49:02.880 --> 00:49:08.559 is that yes, there is, and it is another subject also already the 535 00:49:08.599 --> 00:49:12.960 challenge in court, that is because it brings many edges there, as, 536 00:49:13.800 --> 00:49:17.519 for example, that it is only limited to that you can deal with the 537 00:49:17.639 --> 00:49:23.079 substance of the matter and then there are some things as interesting as, for 538 00:49:23.079 --> 00:49:28.719 example, if I submit a remedy already beyond the deadline, that is, 539 00:49:28.800 --> 00:49:31.760 to think passed a year, I present it and I do not answer the 540 00:49:31.840 --> 00:49:35.960 octod within the time frame the ficta refusal was entrusted. I am going to 541 00:49:36.000 --> 00:49:43.960 the contentious trial and the authority says there claims the formal issue of prosecuting precisely 542 00:49:44.000 --> 00:49:46.719 arising from the extemporaneity of the appeal. But since it is limited to the 543 00:49:47.559 --> 00:49:53.320 substance, I can no longer claim that it was out of time and then 544 00:49:53.400 --> 00:49:55.639 practically reverts to a matter that is out of time and serero as a type. 545 00:49:57.239 --> 00:50:00.519 There are criteria about that and, by the way, but it is 546 00:50:00.519 --> 00:50:04.199 very interesting, no, and also this issue that is causing the stir right 547 00:50:04.199 --> 00:50:07.440 now. There does not seem to be a euphoria there that there is the 548 00:50:07.440 --> 00:50:12.599 issue of unconstitutionality. He mentioned that there are coritories against it. There are 549 00:50:12.719 --> 00:50:20.599 also two sentences that were published there on xára Twitter before Twitter Ford were published 550 00:50:21.320 --> 00:50:27.039 on issues that also resolved constitutionality and over there I saw a comment made by 551 00:50:27.039 --> 00:50:35.559 Master Ricardo. This is precisely what we said we were fifty- fifty, 552 00:50:36.320 --> 00:50:39.119 because, in fact, the organic law of the Federal Public Nation, since 553 00:50:39.199 --> 00:50:45.039 it is the regulatory law of the 1990s, and there the executive is given 554 00:50:45.079 --> 00:50:47.440 the power to create the deconcentrated objective organs and to equip them with powers. 555 00:50:47.519 --> 00:50:53.679 In seventeen and eighteen they say it and the powers are not in the Law 556 00:50:53.800 --> 00:50:59.679 of the Sat. They' re in the law, in the federal public 557 00:50:59.679 --> 00:51:02.400 announcement organic law. When it says that the estate would have the power to 558 00:51:02.440 --> 00:51:07.719 supervise and enforce everything preferential to the customs issue, then they only diversified them, 559 00:51:08.360 --> 00:51:15.639 they specified them in the Law of the Sat. Then you could say 560 00:51:15.719 --> 00:51:20.559 that the executive is not prevented from creating the ship. It' s constitutional. 561 00:51:20.679 --> 00:51:23.880 But the other criterion, if taken into account and the seventeen is problematic 562 00:51:23.960 --> 00:51:29.239 of the organic law, because it says that deconcentrated initiating bodies can be created 563 00:51:29.320 --> 00:51:35.039 and endowed with powers according to the applicable legal provisions. There comes the question 564 00:51:35.079 --> 00:51:37.719 of the list, but that is an interesting topic to see what happens to 565 00:51:37.719 --> 00:51:45.360 place bets, not even the subject that commentant African Mendez. It' s 566 00:51:45.360 --> 00:51:47.960 very solid. The argument is the only problem. And here in the hierarchy 567 00:51:49.000 --> 00:51:52.239 and the laws, we are before two legal systems of the same level, 568 00:51:53.239 --> 00:51:57.599 the organic law and public administration. And as far as the organic law of 569 00:51:57.679 --> 00:52:02.599 the SAT and the subject of today' s criterion that we were talking about, 570 00:52:04.280 --> 00:52:08.239 what the collegiate says in this case is to see no one is arguing 571 00:52:08.320 --> 00:52:13.639 whether or not he can create deconcentrated organs. Chiro applauds him very well, 572 00:52:13.719 --> 00:52:17.119 no more than the faculties are in the sato and if you pull the SAT 573 00:52:17.280 --> 00:52:24.559 pulls with a decree forgive me. It is a legislative provision that can only 574 00:52:24.599 --> 00:52:31.320 be amended by the procedure followed in Congress. These powers cannot be secured by 575 00:52:31.320 --> 00:52:36.320 the executive. That was the argument used by the collegiate, that is, 576 00:52:37.079 --> 00:52:39.639 Warren' s law or organic law. This gives you the power to create 577 00:52:40.519 --> 00:52:45.920 deconcentrated organs forward, but you do not take away the power to be one 578 00:52:45.960 --> 00:52:50.719 organ to give them to another exclusively. That was the argument then or not. 579 00:52:51.639 --> 00:52:54.320 Very interesting. That' s the argument there. Now, then, 580 00:52:54.360 --> 00:52:59.400 for the litigants. That way, you have to leave until they change my 581 00:52:59.440 --> 00:53:02.840 baby' s record that they' re going to change them, they' 582 00:53:02.840 --> 00:53:07.079 re going to change them. I do not have the slightest doubt left, 583 00:53:07.119 --> 00:53:15.159 but it is a technical issue that is worth taking into consideration. I reiterate 584 00:53:15.239 --> 00:53:21.480 the most painful thing about the issue of affirmative affirmative action is that the Authority 585 00:53:21.559 --> 00:53:25.519 remains silent, causing us significant harm. Right now. We are talking from 586 00:53:25.559 --> 00:53:30.639 a technical point of view. Let us remain from the point of view of 587 00:53:30.719 --> 00:53:36.320 the impact of my activity. We' d say daily. I have a 588 00:53:36.559 --> 00:53:39.400 contingent which is a tax credit or some consultation, which is a request to 589 00:53:39.519 --> 00:53:44.000 the Authority for repayment and has not answered it to me. I mean, 590 00:53:44.039 --> 00:53:47.679 it' s causing me damage from an economic, operational and other point of 591 00:53:47.679 --> 00:53:52.519 view. It' s not just that she' s quiet, it' 592 00:53:52.519 --> 00:53:54.480 s that she' s causing me trouble. It' s more even forcing 593 00:53:54.679 --> 00:54:02.199 me to go to the ball in a second instance to the best and necessarily. 594 00:54:02.760 --> 00:54:07.320 That is also the very important point that must be taken into consideration when 595 00:54:07.320 --> 00:54:14.079 we talk about the refusal or an affirmative ficta for another barter another special issue 596 00:54:14.119 --> 00:54:20.480 that they make and that an expert in constitutionalist to the magazines is very interesting 597 00:54:20.519 --> 00:54:29.039 and we leave you. No doubt, thank you. Thank you very much, 598 00:54:29.679 --> 00:54:37.079 Doctor. Well, they almost said everything. I no longer congratulate Omar 599 00:54:37.199 --> 00:54:50.719 on such an interesting subject. You know I like history. Historically we have 600 00:54:50.800 --> 00:55:01.320 been given many positive ficts, nothing more than the authority has been failing with 601 00:55:01.440 --> 00:55:10.719 the deadlines and then has been modifying all those positive ficts that originally had to 602 00:55:12.719 --> 00:55:16.880 such degree, as Hector said. As for the last one, until the 603 00:55:16.960 --> 00:55:24.559 file is integrated. Before that was not to say you were fulfilled the four 604 00:55:24.559 --> 00:55:30.199 months, the three months and automatically you dropped the positive ficta for not having 605 00:55:31.119 --> 00:55:39.320 finished a resolution in that file. Instead, now. Instead, now it 606 00:55:40.159 --> 00:55:45.679 has to be until the file has been integrated and there it is consumed all 607 00:55:45.760 --> 00:55:51.840 the time or it is certainly resorted to asking for new things and new things. 608 00:55:52.840 --> 00:55:58.039 This is why, because they don' t finish it within the time 609 00:55:58.199 --> 00:56:05.480 limit that is set by law. This is the interesting thing to congratulate you 610 00:56:05.480 --> 00:56:08.840 on, of course, and a little comment on what is being talked about. 611 00:56:09.800 --> 00:56:15.719 I haven' t read. I want to clarify I have not read 612 00:56:15.880 --> 00:56:21.559 the resolution of the collegiate. I didn' t read it anymore, but 613 00:56:22.199 --> 00:56:29.880 Hector' s comment leads me to a reflection. I agree that, of 614 00:56:29.960 --> 00:56:36.280 course, this regulation cannot take away functions from a law. But there' 615 00:56:36.360 --> 00:56:42.960 s something I' ve always seen in the creation of the ANAM. The 616 00:56:42.960 --> 00:56:47.719 power of the President is regulated, according to the first eighty- nine fraction, 617 00:56:49.480 --> 00:56:57.559 but by regulation of a law and here we have never known which law 618 00:56:57.559 --> 00:57:02.280 was regulating, especially in the first decree, which was of June of twenty 619 00:57:02.280 --> 00:57:07.760 - two. I believe this one where he believes it and then in December 620 00:57:07.800 --> 00:57:15.719 he abrogates it. It abrogates this was what is the law to which it 621 00:57:15.760 --> 00:57:22.920 is regulating through a regulation of the decree that comes out. Then you cannot, 622 00:57:23.679 --> 00:57:30.679 of course, do it to remove powers from a law, because you 623 00:57:30.079 --> 00:57:36.880 do not have the legislative power in that case, not even standing in the 624 00:57:36.960 --> 00:57:42.679 one hundred and thirty- one paragraph. Secondly, it could, because here 625 00:57:42.840 --> 00:57:47.360 it can modify to a single law, the law of general import and export 626 00:57:47.360 --> 00:57:52.920 tax, as it is established, to modify, therefore, quotas, to 627 00:57:53.079 --> 00:58:00.719 prohibit, in order to allow for any of the most extensive things, the 628 00:58:00.760 --> 00:58:07.159 power that is available and which, moreover, is a very good faculty for 629 00:58:07.159 --> 00:58:13.239 the dynamism of foreign trade, as it did, for example, to regulate 630 00:58:13.480 --> 00:58:15.960 products from the basic basket at the time of inflation. And that' s 631 00:58:15.280 --> 00:58:19.760 true, but it' s about a law. It has only that power 632 00:58:19.840 --> 00:58:24.559 given to it by the forty- nine and the second paragraph or also by 633 00:58:24.920 --> 00:58:32.199 article twenty- nine of the Constitution, when there is a situation of risk 634 00:58:32.239 --> 00:58:38.559 to the country, an invasion, when, as was previously known to use 635 00:58:38.920 --> 00:58:45.000 it the previous language the suppression of individual guarantees, indeed, at that time 636 00:58:45.639 --> 00:58:53.320 it would be a suppression of human rights already very limited to the omnimode power 637 00:58:53.400 --> 00:59:00.000 that the President had in article twenty- nine, which for many years was 638 00:59:00.159 --> 00:59:05.800 so and which, fortunately, of our country only used it once in one 639 00:59:05.880 --> 00:59:14.119 thousand nine hundred forty- one, forty- two, when the two German 640 00:59:14.239 --> 00:59:19.480 submarines sink, they join our two oil ships and then PresidentÁvila Camacho, 641 00:59:20.000 --> 00:59:28.320 decreed the state of emergency, declares war on the axis and then it is 642 00:59:28.320 --> 00:59:32.800 legislated by the executive. But these are the cases of exception that we have 643 00:59:32.800 --> 00:59:39.760 here. There isn' t, and I do think it won' t 644 00:59:40.840 --> 00:59:47.440 happen, and Hector predicted it won' t happen, too, but there 645 00:59:47.440 --> 00:59:51.280 ' s a unconstitutionality. I' m sure there' s going to be 646 00:59:51.280 --> 00:59:57.679 a remedy. Yes, and it is practically impossible for this to be overturned 647 00:59:59.039 --> 01:00:06.599 all the activity that ANAM has had, because since it has already been created 648 01:00:06.679 --> 01:00:13.559 according to that in December of the 22nd, do not imagine all the acts, 649 01:00:14.159 --> 01:00:20.639 all the expeditions, are the resolutions, the own call for the examinations 650 01:00:20.840 --> 01:00:28.960 of customs agents. All this would be null and void. So, this 651 01:00:30.119 --> 01:00:34.159 and more, in a system like the current one and in a last year 652 01:00:34.239 --> 01:00:37.480 of government, it' s not going to happen. Thank you and happy 653 01:00:38.880 --> 01:00:44.920 to omar Radio Doctor And definitely yes that point of the delegated decree, that 654 01:00:44.960 --> 01:00:49.360 is, the magnitude that has to only remember the cases brought to this management 655 01:00:49.360 --> 01:00:54.400 analysis, which is also very important and I think yes. I also agree 656 01:00:54.400 --> 01:01:00.920 with what they say about this thorny issue of general public order. And all 657 01:01:00.000 --> 01:01:08.079 of that is definitely, because it is very complex that a generalized unconstitutional will 658 01:01:08.079 --> 01:01:15.079 be decomposed. Thank you, otherwise, to you, thank you to show 659 01:01:15.079 --> 01:01:22.480 your participation. Thank you very much, Doctor. Well, we are going 660 01:01:22.519 --> 01:01:30.519 to give the recognition to ma master and let' s do a treueque and 661 01:01:30.639 --> 01:01:37.039 TLC Magazine give the present recognition to the Master Omar Lara for bartering in the 662 01:01:37.159 --> 01:01:40.760 virtual conversation with the subject for more of administrative silence, on the seventeenth of 663 01:01:40.800 --> 01:01:45.320 January two thousand twenty- four and it is signed by our President, Dr 664 01:01:45.519 --> 01:01:47.760 Octavio de la Torre, and teacher Daniela Martínez. And well, we invite 665 01:01:47.920 --> 01:01:55.239 you to continue connecting. We are in the middle of the month and the 666 01:01:55.280 --> 01:02:00.519 next, because we will be here already on the 22nd day with the challenges 667 01:02:00.719 --> 01:02:07.599 of the car transport with the teacher Claudia Sánchez and on the 24th day the 668 01:02:07.840 --> 01:02:14.360 fiscal complexity for the exercise two thousand twenty- four and the legal alternatives for 669 01:02:14.880 --> 01:02:16.199 the resolution of conflicts with the master Omar Garibo, graduated from raiden lo College. 670 01:02:16.800 --> 01:02:22.119 We will also have on the twenty- ninth day of foreign trade control 671 01:02:22.400 --> 01:02:29.800 trends with the license Licette Herrera and to close this month that is flying January 672 01:02:29.880 --> 01:02:36.039 on the thirty- first day and one we will have marine ports node generator 673 01:02:36.559 --> 01:02:40.199 of the economy in a nation in charge of the Master Miguel Angel Reyes good, 674 01:02:40.199 --> 01:02:42.360 since it is a pleasure to be with you. We' ll see 675 01:02:42.440 --> 01:02:52.639 you next week, see you later, thank you very much, we' 676 01:02:52.639 --> 01:02:53.199 ve reached the end of today' s tackle. Thank you so much for 677 01:02:53.199 --> 01:02:58.960 joining us. This was let' s barter via are an event tels Mexico. 678 01:02:59.639 --> 01:03:02.719 You like this talk. Don' t forget to share each event with 679 01:03:02.719 --> 01:03:07.360 your contacts so that we continue to spread knowledge and stay up to date. 680 01:03:07.880 --> 01:03:13.280 Find all our talks through our online education platform, entering www TLC Magas in 681 01:03:13.360 --> 01:03:19.840 Mexico com Mx in the course section, where you can see them again without 682 01:03:19.880 --> 01:03:24.960 things. If you are interested in a specific topic, send us a message 683 01:03:24.960 --> 01:03:29.800 through the social networks of TELS Magas in Mexico and we will look for an 684 01:03:29.840 --> 01:03:31.159 expert who can clarify your doubts. This was a crucible.