Understand the PACAP law. Part VII: Title I Chapter I The capacity to act and the concept of interested party
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Following the preliminary title, we continue with the articles.
Chapter I Capacity to Act and the Concept of Interested Party.
Article 3. Capacity to Act.
For the purposes provided for in this Law, those who will have the capacity to act before the Public Administrations shall be:
Natural or legal persons who have legal capacity to act in accordance with civil norms.
Minors for the exercise and defense of those of their rights and interests whose action is permitted by the legal system without the assistance of the person exercising parental authority, guardianship, or curatorship. The exception is the case of incapacitated minors, when the extent of the incapacitation affects the exercise and defense of the rights or interests in question.
When the Law expressly declares so, groups affected, unions and entities without legal personality, and independent or autonomous assets.
It enumerates the individuals who can use the Public Administrations and their exceptions.
Article 4. Concept of Interested Party.
Those considered interested parties in the administrative procedure are:
Those who initiate it as holders of individual or collective legitimate rights or interests.
Those who, without having initiated the procedure, have rights that may be affected by the decision adopted therein.
Those whose legitimate, individual, or collective interests may be affected by the resolution and who appear in the procedure until a final resolution is reached. 2. Associations and organizations representing economic and social interests shall be holders of collective legitimate interests on the terms recognized by Law. 3. When the interested party status derives from a transmissible legal relationship, the rights holder shall succeed to such status regardless of the state of the procedure.
Associations and organizations representing economic and social interests shall be holders of collective legitimate interests on the terms recognized by Law.
When the interested party status derives from a transmissible legal relationship, the rights holder shall succeed to such status regardless of the state of the procedure.
It defines the concept of interested party in the administrative process and the rules that define it.
Article 5. Representation.
Those interested parties with legal capacity to act may act through a representative, with administrative actions understood with this representative, unless expressly stated otherwise by the interested party.
Natural persons with legal capacity to act and legal entities, provided for in their Statutes, may act on behalf of others before the Public Administrations.
To make requests, submit responsible declarations or communications, file appeals, waive actions, and renounce rights on behalf of another person, representation must be accredited. Representation will be presumed for acts and procedures of mere formality.
Representation may be proven by any legally valid means that provide reliable evidence of its existence. For these purposes, representation made by power of attorney executed by personal appearance or electronic appearance in the corresponding electronic headquarters, or through accreditation of its registration in the electronic register of powers of attorney of the competent Public Administration, will be considered proven.
The competent body for processing the procedure must include in the administrative file accreditation of the representative's status and the powers recognized to them at that time. The electronic document accrediting the result of the consultation to the corresponding electronic register of powers of attorney will have the status of accreditation for these purposes.
The lack of or insufficient accreditation of representation will not prevent the act in question from being deemed performed, provided that it is provided or the defect is corrected within the period of ten days that the administrative body must grant for this purpose, or a longer period when the circumstances of the case so require.
Public Administrations may generally or specifically authorize natural or legal persons to carry out certain electronic transactions on behalf of interested parties. This authorization must specify the conditions and obligations to which those acquiring the status of representatives commit themselves, and will determine the presumption of validity of the representation unless the applicable regulations provide otherwise. Public Administrations may require, at any time, proof of such representation. However, the interested party may always appear in the procedure in person.
