The concept that concerns us in this review has a use in the field of law and is made up of two terms, on the one hand character, which refers to the condition or nature that something has and that distinguishes it from others. And on the other hand, optional will imply that fact that is released at the discretion of each one.
The power as we know is the dominion that one has over something.
Now, with these issues in mind, we can address the concept and its application.
Fact subject to the free power of each person
Will talk about optional character when a fact, whatever its origin, is subject to the free faculty or power of each individualFor example, we are given a customer satisfaction survey and once it is finished, the interviewer tells us that the signature of it is optional, this implies that if you want, you can sign it or if you do not want it, you will not be able be in any way compelled to do so.
“The signature of the survey in which I participated was optional.”
This can be transferred to many other actions that human beings can perform and for which they do not have to take charge, or for now no one can force them to do so.
Appeal that can be brought before an administrative act to challenge it
Moreover, at the behest of a administrative appeal, which is the means established by law to obtain either the modification, invalidation or revocation of an administrative resolution, an optional appeal will be the one that is filed before the body that has issued the resolution in question, as such a hierarchical superior body is lacking .
It is said that it is optional because it can be filed, or, failing that, go directly to the courts. Meanwhile, if the aforementioned appeal is filed, it will be necessary to wait for its resolution before resorting to the courts of justice.
The raison d'être of this appeal is to provide citizens with access to a free review procedure of acts that put an end to administrative proceedings without, on the other hand, imposing the burden of their filing. For this reason, the acts that put an end to the administrative procedure may be optionally appealed in replacement or be challenged directly before the contentious-administrative jurisdictional order.
Who can present it and how is the procedure?
This instrument is certainly a relevant resource for ordinary citizens because it allows them to file an appeal against an administrative decision that, for example, is not beneficial for them.
The procedure then requires the revision of the administrative act in question.
The interested parties or parties to the administrative act are empowered to present the appeal but those whose interests or rights are affected by a resolution and who come forward to claim may also do so.
Associations that defend and represent the social and economic interests of a part of society may also resort to this, provided that the law recognizes them as such.
The procedure to start it requires doing it normally through a request in which personal identification data must be included, the cause for which the act is contested, and also provide an address where the person can be contacted to be notified reliably if there is a resolution.
Regarding the documents that you need to present to initiate it, all those that allow the defense of the cause should be included.
Generally, the resolution period for the case is one month.
If there is silence on the part of the administration, it will be considered as rejected and it will not be able to be re-driven except in some extraordinary situation.
