Legal Nature of Administrative Competence and its Transfer to Administrative Bodies
Institution: Universidad Regional Autónoma de los Andes, Tulcán – Ecuador
Jostin Sebastian Martínez Perenguez
Institution: Universidad Regional Autónoma de los Andes, Tulcán – Ecuador
Jennifer Alejandra González Meneses
Institution: Universidad Regional Autónoma de los Andes, Tulcán – Ecuador
Marcelo Raúl Dávila Castillo
Institution: Universidad Regional Autónoma de los Andes, Tulcán – Ecuador
Abstract
This article deals with administrative competence as established in Ecuadorian legal regulations and the ways of transferring such competence. It also covers the requirements outlined in the legislation and how to apply them when transferring competence. Competence transfer is understood as the transfer of functions from one administrative body to another, provided that it is previously permitted by a legal norm, with a doctrinal and analytical foundation. Consequently, this research establishes the existing paradigms when transferring competence within administrative bodies. Depending on the state's circumstances, several methods are applied, including delegation, avocation, replacement, substitution, decentralization, and deconcentration. To conclude, this research conducts a doctrinal study and applies a qualitative method, as it allows for a documentary analysis of the topic at hand.