Author's note/recommendation : If you are a candidate, memorize Article 149 of taiwan business mailing list the Constitution; in most exams there are some questions about subjects exclusive to the State.
Title IV of Law 39/2015 is called " General provisions on administrative procedures ", which is divided into 7 chapters , which are:
Procedural guarantees.
Initiation of the procedure.
Ordering of the procedure.
Instruction of the procedure.
Completion of the procedure.
On the simplified processing of the common administrative procedure.
Execution.
The nature of the administrative procedure:
The procedure is purely formal : the procedure does not guarantee the legality of the administrative act, that is, all the steps of the procedure can be followed and in the end an act may be issued that is not in accordance with the law, or vice versa.
It is the normal way in which the Administration acts , that is, the Administration must submit its actions to the rules of procedure.
It is a procedural challenge budget: it is the basis for filing an administrative appeal.
General principles of the common administrative procedure
The general principles of administrative procedure are those that constitute the basic framework and essential structure of this legal institution. They are the principles that inspire administrative procedure. They are not expressly recognized, but are derived from the regulations that govern it.
Principles classes
Principle of contradiction :
Any interested party may defend their interests by providing the evidence they consider relevant and arguing whatever they deem appropriate. The administrative procedure is adversarial in nature, meaning that each party can assert its interests.
Its basis is constitutional since if in a procedure there is no equality of opportunity between the parties,
Article 71 of Law 39/2015. The procedure may be initiated ex officio or at the request of a party, but the driving force behind it is in all cases the responsibility of the Administration. That is, the Administration has the obligation to initiate and promote the procedure ex officio , without the parties necessarily requiring it, in order to make it faster and more effective.
Concentration of procedures :
Article 72 Law 39/2019. All procedures that can be carried out simultaneously shall be agreed upon in a single act .
Predominance of the written form
Absolute predominance of the written form , even in cases of oral hearings, since the proceedings are recorded in written minutes.
Free of charge .
The processing of the administrative procedure does not incur costs , nor do the officials receive fees for their intervention. An advance payment may only be required when the interested parties request evidence that entails costs that should not be borne by the Administration.