On Applicable Administrative Probity Of The Organs Of The Administration Of The State

Original Language Title: SOBRE PROBIDAD ADMINISTRATIVA APLICABLE DE LOS ORGANOS DE LA ADMINISTRACION DEL ESTADO

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"Article 1. Introducense the following modifications in the law No. 18.575, General Bases of the administration of the State constitutional organic: 1. Intercalanse, in the second paragraph of article 1 between the phrases "Of order and public security forces" and "municipalities", the expression "regional Governments",.
2. replace article 3rd, by the following: ' article 3. The administration of the State is at the service of the human person; its purpose is to promote the common good meeting the public needs on a continuous and permanent way and promoting the development of the country through the exercise of the powers conferred in the Constitution and the law, and approval, execution and control of policies, plans, programs and actions of national, regional and communal.
The administration of the State shall observe the principles of accountability, efficiency, effectiveness, coordination, drive the procedure office, impugnabilidad of administrative acts, control, probity, transparency and advertising administrative, and will ensure the proper autonomy of the intermediate groups of society to meet its own specific ends, respecting the right of people to carry out any economic activity, in accordance with the Constitution and the laws. ".
3 replace subsection first article 5th, by the following: "article 5. Authorities and officials must ensure that suitable and efficient public administration and proper enforcement of the civil service. ".
4. replace article 7 th, by the following: ' article 7. Officials of the administration of the State shall be subject to a hierarchical and disciplined regime. They shall comply with faithful and carefully their obligations to service and obey orders the hierarchical superior taught them. ".
5 insert, in subparagraph first of article 8, after the word "claim" and replacing the dot (.), comma (,), the phrase "ensuring simplification and rapidity of procedures.".
6 Add the following article 8 bis: "article 8 ° bis.-administrative contracts held previous public proposal, in accordance with the law.
Bankruptcy proceedings will be governed by the principles of free competition of bidders to the administrative appeal and equal to the bases that govern the contract.
The private tender shall, where appropriate, previous founded resolution that this provided, unless the nature of bargaining appropriate go to direct treatment. ".
7 Agreganse the following articles 11 bis and 11 ter: "article 11 bis. Officials of the administration of the State must observe the principle of administrative probity and, in particular, the General and special laws that govern them.
Public function shall be exercised with transparency, so allows and promotes the knowledge of procedures, contents and fundamentals of the decisions taken in the exercise of it.
The administrative acts of the State administration organs and documents which serve to support or complement direct and essential are public.
The publicity referred to in the foregoing paragraph extends to reports and background provided by private companies providing public utility services and the companies referred to in the third and fifth paragraphs of article 37 of law No. 18,046, on joint-stock companies, State institutions responsible for supervision, to the extent that are of public interest that their dissemination does not affect the proper functioning of the company, and that the holder of such information does not make use of their right to deny access to it, in accordance with the following paragraphs.
Where the information referred to in the preceding subparagraphs is not available to the public on a permanent basis, the person concerned shall be entitled to require it in writing to the head of the respective service.
When the request relates to documents or records containing information that may affect the rights or interests of third parties, the superior head of the requested, within a period of forty-eight hours, must be notified by registered letter, to the person or persons to concerns or affects the corresponding information, the faculty which assists them to oppose delivery of requested documents attaching a copy of the respective requirement.
Interested third parties may exercise the right of opposition within a period of three working days counted from the date of notification, which shall be practiced on the third day of the released the appropriate registered letter. The opposition must be submitted in writing and will not require expression of cause.
Deduction of the opposition in time and form, the requested will be unable to provide documentation or records requested, unless court ruling to the contrary, issued in accordance with the procedure referred to in the following article. If not deducted the opposition, means that the affected third access advertising such information, unless the required upper head founded considers that disclosure of the information involved significantly affects the rights or interests of third parties the same holders.
The upper head of the requested shall pronounce on the request, is delivering requested documentation or refusing to do so, within forty-eight hours period counted from the formulation of the requirement, or from the expiry of the period granted to the affected third party, in the case referred to in the seventh paragraph.
The upper head of the requested must provide documentation that requested them, unless any of the grounds referred to in the following paragraph, that authorized him to refuse. In this case, his refusal to hand over the documentation must be in writing and specifying the reasons in each case founded, motivate its decision.
The only grounds whereby the delivery of documents or records required be refused are reserve or secret set forth in laws or regulations; which advertising impedes or interferes with the proper performance of the functions of the requested; the opposition deduced in time and form by the third party to whom concerns or affects the information contained in the requested documents; that disclosure or delivery of documents or required background significantly affects the rights or interests of third parties, according to rating founded by the upper head of the requested, and that advertising affects the security of the nation or the national interest.
One or more regulations will establish the cases of secret or reservation of documentation and background that held by the organs of the State administration.

Article 11 ter. Period provided for in the preceding article for the delivery of required documentation, or denied the request for a cause other than the security of the nation or national interest, the applicant shall have the right to have recourse to the judge's letters at the domicile of the required administrative body, which is in turn according to the relevant rules of civil requesting protection to the right provided for in the preceding article.
The procedure is subject to the following rules: to) the claim should clearly point out the violation committed and the events that shape it, and must accompany media test proving them, where appropriate.
(b) the Court will be that the claim is notified by ID, in the office of parts of the corresponding public distribution and the domicile of the involved third, if any. The ruling shall be notified in the same way.
(c) the authority sought and the third, in his case, should their disclaimers in fifth business day and attaches the means of proof attesting the facts that founded them. Of not having them, they expressed this circumstance and the Court shall set a hearing, to within fifth working day, in order to receive the test offered and not accompanied.
d) test is recorded in a log book separately and quietly, that it will retain that character even after tune the cause, in the event that by enforceable judgement is confirmed the secret or reserved nature of the information and access to it is denegare.
Insofar as it is not enforceable judgment that declares their right, in any case the claimant can access documents subject to the requirement, even though they are accompanied as proof in the procedure which governs this article.
(e () final judgment will dictate in third day of expiry of the period referred to in point (c)) preceding, is that they have or not presented disclaimers. If the Court ordered a hearing test, this term will run once expired the deadline for this.
f) all resolutions, other than that indicated on the letter g) of this subsection, you will give in a single instance and shall be notified by the State newspaper.
(g) the final sentence will be appealed in both effects. The resource must be entered in the fatal end of five days, counted from the notification of the party who engages in it, shall contain the basis in fact and of law that it supports and specific demands that are formulated.
(h) deduction of the appeal, the Court will immediately raise cars to the respective Court of appeals. Received the cars at the registry of the Court, the President will order give preferred the resource account, without waiting for the appearance of any of the parties.
(i) the failure which is a decision on the appeal shall not be subject to cassation resources.
In the event that the grounds invoked to deny delivery of documents or information is that their advertising affects the security of the nation or national interest, the claim of the applicant be deducted before the Supreme Court, which will request a report from the authority concerned considered faster, via setting you run to the effect after which will resolve the controversy into account. If relevant, will be applicable in this case as provided in (d)) of the preceding paragraph.
The Supreme Court who knows the claim in accordance with the preceding paragraph, or the room of the Court of appeal, who knows the appeal, in the case of the procedure established in paragraphs first and second, if he sees fit, or are prompted with plausible basis, may order to bring cars in relation to listen to the lawyers of the parties in which case the cause is extraordinarily added to the respective table in the same room. In these cases, the President of the Court will be that the audience is not public.
If invoked the claim, the same sentence mandating to deliver documents or background shall fix a reasonable period for this purpose. In the same resolution, the Court may apply to the head of the service a fine of two to ten monthly tax units.
Not timely delivery of documents or a respective history, in the manner that the Court decree, will be sanctioned with the suspension of the Chief of service charge, for a period of five to fifteen days, and a fine of two to ten monthly tax units. If the head of the service persists in its attitude, be charged the indicated sanctions duplo.
The cost of the material employed to deliver the information will always be in charge of the applicant, subject to the legal exceptions. ".

8 insert, in subparagraph first article 13, then the expression "the respective Statute", the phrase "and that establishes the title III of this law", and added, in the second paragraph, after "Administration of the State", by changing the separate (.) by a comma (,) the words "previous contest.".

9. in article 16, delete the phrase "and to use their authority or position in purposes other than its functions", as well as the comma (,) that precedes it.
10 insert, in the second paragraph of article 18, between the expressions "Of order and public security forces" and "municipalities", the words "regional Governments,".
11 Add in subsection first article 45, then the word "following", the phrase "and in title III of this law", replacing the point apart (..) with a followed dot (.).
12 the third paragraph of article 47, replace by the following: "promotions shall be, according to the Statute, otherwise by competition, which shall apply the rules laid down in the preceding article, or rise in the respective register.".
13. replace, in article 52, the phrase "in the legal systems of compensation will be sought to apply the" with the following: "statutory compensation schemes may establish systems or modalities that encourage the exercise of certain functions by employees or reward the suitability of its performance, without prejudice to the application of the general salary scales and the".
14 be replaced, in the end title, numbering "54" in its first article, the figure "71".