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EXCURSIO COVES

Good day:

Meet the Caves of Genoa? They are close, but unknown to many.

send you information about the tour scheduled for next May 15.

is important to confirm attendance, cuants per grups de visites know s'hauran de fer (each visiting team is D'approx. 20 people) i aixi book-ho.

U.S. HI WAIT A TOTS!

- Molins

Secretary
Montserrat Neighborhood Association
Bonanova
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Booties Black 2010 Bloger

Who writes the "doctrines" of failures in Microjuris?

Receipt holders jurisprudential review Microjuris.cl and striking me failure "Controlled Parking Services SA c / Municipality of Melipilla" Court of San Miguel ( Role No. 323 - 2010), went to the field of contracts. According to the extract,

" Municipalities do not have administrative powers to nullify unilaterally , The concession contracts signed with private companies. While the termination of a concession is a condition characteristic of administrative contracts, it can not be realized exclusively by the mere will of the council, but must adhere strictly to the grounds for termination mentioned in the same concession of public good ".

It seems we're back in the 80's, when part of the doctrine began to ignore the specific nature of the administrative contract, in both management tool for public affairs, usually entails for the Contracting Authority exceptional means of action , as the powers of modification or termination of employment contracts in progress. If the decision denies the municipal powers of unilateral action, is the administrative contract is then a common contract and wild? Best

review the direct source. The ruling says the very opposite of the extract before recorded. Quote:

"That the terms stated above is that the allocation Township unilateral termination of the concession granted to the appellant, is not unlimited, but in the cases expressly provided even though they are ranked by the same authority City, which is a so-called clauses are immersed in exorbitant administrative contracts reflected the public interest to guide its execution, interpretation and implementation, altering the principle of equality that ordinarily governs the conventions subscribed to by individuals and which are subject to common law, to empower the authority municipal administrative and unilaterally to resolve the concession on the basis of its own rating of the severity of the failure of the concessionaire's obligations alleged against it. (HE CS Role No. 4919-2001) " (cons. 9 °).

Far from asserting that the municipalities "have no powers to nullify contracts of concession," Case admits that they have the power to unilaterally terminate them, indeed, the ruling fits in with the traditional doctrine of administrative, indicating that the unilateral termination of contract "is a so-called exorbitant clauses are embedded in administrative contracts ".

If there are nuances, they refer only to this power is "not unlimited", but is conditioned by the presence of some typical events that justify its use. Specifically, in this case, the Court finds that the parties "referred further limited the award of the Municipality of unilateral termination to grant "(*) to define specific cases in which unilateral termination operate. The Court understands that the city overstepped Melipilla the exercise of its powers to unilaterally extend the term of the contract to cases other than those provided by law or agreement to that effect. The trigger for action by the municipality had been an increase in parking fees (the subject of the concession is the operation of parking meters installed on city streets), increased unilaterally adopted by the concessionaire. It was, seems to understand the Court's exercise of a contractual right of the dealer, who could not be estimated establishing grounds for termination of the contract, as put forward by the municipality.

So, whether right or wrong failed, the matter at issue depended on considerations relating to the subject of an administrative act, not competition, as suggested by the review of the decision.

The purpose of this note is not to say that Microjuris lies. Although the fact is far from the truth in this case, not for previous trial to suggest that it has done for ideological constraints on the role of administrative law on contracts or for other reasons. In itself, if anything, is serious to note that their work does not meet stringent requirements analysis legal, the blame would be irrelevant if directed against a general journalistic medium, but, being a professional information site for the legal environment is just this kind of "errors" is simply unacceptable.






(*) This idea of \u200b\u200b"limitation" is highly questionable, since the public powers as those granted to the municipality by the art. 36 of Law 18,695, are unavailable for their owners. Rather, a contractual provision that limited the free play of these rules could be read zero.

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Bim Juan Fdez Humanes Review (April 2011)

The second complaint filed by the PIVV to the Attorney General, has been for the sale of material attached to the Department Environment and Services for the City that was allegedly fraudulently overvalued to increase the amount to be received by the City. This complaint has been admitted by the Provincial Prosecutor of Madrid.

debt that the city maintains is estimated at 100 million euros. Among the creditors of the municipality there are companies who, not being paid, are funding the town hall. The bad management and the municipal government's insensitivity creditors make smaller companies suffering from a fatal financial asphyxiation that may lead to closure.

Sometimes I doubt if they want to ruin the City by the way, if so, they are getting their purpose, if not, is that management capacity is zero. According to the Ministry of Economic Affairs and Finance, we see that the management council is untenable and absurd. In all settlements the running costs have been higher than current income. Savings must be generated each year should serve to address the most important investments that do not fully cover the income or grants from the Community of Madrid and the state revenues that have been lost in the trenches of the work and do not know where they are . Why should not we suspicious of ruin if the accounts have not been paid since 2008 before the Chamber of Accounts of the Community of Madrid?, An institution that monitors the activity public sector in the region. Since 2008 also provided in the budget presentation documents such as the balance sheet or income statement of the council estate (both are like the X-ray to evaluate and analyze the real situation and thus make a diagnosis of the economic and financial) . What are they trying to hide?, What the plan designed mandatory balanced budget that took it a joke?, What ruin mortgaged the management council for many years?

Regarding the report of audit of Local Authorities of the Accounts Chamber of the Community of Madrid approved in late 2009 and 2010, the latest accounts rendered, the 2007, are some allegedly awarded contracts have implications in two of them, as stated in the report "represent a split in the time of the object as the respective benefits were being done by the same contractor that is thus maintained in the supply chaining successive negotiated procedures, "presumably to mean that the service award to the session, split into two by a single contract for services, including , legal advice. Does not it serves the law firm that is City Hall? There are more records award in which, says the Chamber of Auditors, it violates the law of government contracts. Indeed, with such counsel would be quite easy to fulfill the decision of the Superior Court of Justice of Madrid and reinstate, as provided, the worker D. Jesus Bernabe capricious and illegally fired. And it must carry out the sentence for two reasons, first for justice and dignity (is two years fighting to stop that have given reason) the second to avoid further expense the costs to this council. One good thing is 2011 with respect to the above: Mr. Moreno is leaving the City Hall.