soyeb25
Do³±czy³: 10 Mar 2024
Posty: 1
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 Wys³any: Nie Mar 10, 2024 08:29 Temat postu: The power of self-organization does not legitimize the indis |
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The power of self-organization does not legitimize the indiscriminate imposition of mandatory prior appointments.
Point 1.2 of the report ends by saying that: “the appointment service , in short, and in the area analyzed, is closer to the provision activity of the Administration; that, although it constitutes a duty for the Administration, its configuration, extension, form and limits must be developed by said Administration, since it is up to it to balance and balance the coexistence of the principles of efficiency and effectiveness in the allocation of human and material resources with the effectiveness of citizens' rights and guarantees. Such a judgment cannot be left to the discretion of each private citizen.
Since this would affect and could harm the exercise of the rights of others, given the limitation of public means Email Data and resources, in the sense explained. The same occurs with the rest of the Administration's ordinary benefit and assistance activity , such as health or education, in which the extension, form and content of such rights, including hours and availability of teaching or health personnel, is not decided. each beneficiary citizen, but the Administration, always taking into account the aforementioned balance.
As STS No. 418/2021, of March 23, points out, “in this regard, it is necessary to remember, once again, that there is no general interest superior, in the constitutional order, to that of the law being complied with (arts. 9.1; 9.3 and 103.1; in the same way that the general or public interest belongs to and benefits citizens, not the Administration as a service organization that manages it - it must manage it." In the same terms, STS 412/2021, of That is, although the general interest belongs to the citizen, it is the Administration that must manage it , and managing means finding the appropriate balance between means and needs.
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