Decentralized powers and Hierarchical Recourse

Authors

  • Jorge Precht Pizarro Pontificia Universidad Católica de Chile
  • Alejandra Precht Rorris Pontificia Universidad Católica de Chile

Abstract

In relation to the application of the Hierarchical Appeal in our Public Law, the jurisprudence of the Comptroller General of the Republic has tended to establish that, due to the existence of functional deconcentration with respect to a public body, and, therefore, its hierarchical superior does not have competences over it, it makes the interposition of such appeal impossible. It is postulated in this paper that such a position, taken to a dogmatic level, must be reviewed and analyzed case by case in order to protect the essential rights of the administered.

Keywords:

Deconcentration, Hierarchical Appeal, Competence, Impugnment, Public Services