Las potestades discrecionales : análisis del artículo 1 de la Ley de Defensa de los Derechos Laborales.

Abstract

In our country we are currently experiencing an abuse of power crisis due to the discretionary public administration powers. It had been a tool to commit abuses despite of the compliance intention in regards the powers administration objectives. A clear example is the Defense Law of Labor rights and cases that citizens are vulnerable against administrative acts in which we evidenced the abuse of power. In legislations such as Spain, a debate has been held to measure limits of these controversial discretionary powers. A Spain doctrine party which sees the need to reduce as little as possible the areas of administrative discretion we will be analyzed in this thesis research; as they are considered that they do not fit properly according the law. One of the situations that aggravate the discretion problem is the free interpretation given to the functionary that may fall into abuse, also the ambiguous terms and the indefinite concepts in our law as the article one of the Labor Rights Defense. It shows uncertainty terms when the goods persecution is given on the basis of the unknown meaning of "last level of dominion". This research exposes the huge damage done to the people patrimony that has been linked into these cases. In this thesis research we will do an analysis of the article one regarding the Defense of Labor Rights Law "Alvarito Law". It has abused violating the fundamental civil rights established in the constitution and legal security issues in which all citizens must be included. In order to avoid these abuses, it is fundamental that the administration acts with criterion of rationality into the discretional powers. Through the elaboration of this work, we will find a solution based on constitutional principles that protect the rights of citizens and ensure compliance with the obligations towards the state.