Lack of Application of the Principle of Double Compliance in Contentious Administrative Jurisdiction

Authors

  • René Alejandro Zambrano Yepez Universidad San Francisco de Quito

DOI:

https://doi.org/10.18272/lr.v4i1.991

Keywords:

Principle of double compliance, appeal, warranty, challenge, lack of enforcement, due process, right to defense, administrative law, administrative litigation

Abstract

This article briefly examines the lack of application of the principle of double compliance in Ecuadorian legislation, for which we questioned: What are the consequences and legal effects of non-application of this principle? To answer this question and to understand the seriousness of the lack of application of this principle, we review the guarantees that individuals have at present to assert their rights before the State, as well as the virtues and defects that each procedure has. We address what would happen in a hypothetical scenario where an appeal on this matter was raised. Finally, we will conclude that the lack of application of the double compliance is unconstitutional.

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Author Biography

René Alejandro Zambrano Yepez, Universidad San Francisco de Quito

Abogado por la Pontificia Universidad Católica del Ecuador. Especialista de Derecho

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Published

2017-09-01

How to Cite

Zambrano Yepez, René Alejandro. “Lack of Application of the Principle of Double Compliance in Contentious Administrative Jurisdiction”. USFQ Law Review, vol. 4, no. 1, Sept. 2017, pp. 221-33, doi:10.18272/lr.v4i1.991.

Issue

Vol. 4 No. 1 (2017)

Section

Papers

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