Post by anik4700 on Feb 28, 2024 2:06:46 GMT -5
The law violated independence and separation of powers, configuring "inadmissible invasion of the Legislative Branch into the Executive sphere". For the magistrate, there was unequivocal interference by the City Council in clearly administrative matters. "The standard, by establishing the 'animal feed, utensils and equipment bank' with the aim of encouraging donations to pets, imposed concrete obligations on the administration, which would be responsible for designating the competent sector to: organize and structure the program, providing administrative, technical and operational, determining reception and distribution criteria, through registration and monitoring of registered entities or families, and receiving, storing and distributing the products." The rapporteur said that it is not against the program itself, but against the form and modus operandi by which the law should be implemented, "a matter, unequivocally, peculiar to the sphere of administrative activity which, if not respected, violates the separation of powers (constitutional primacy not available), as well as the administration reservation".
The challenged law was not limited to outlining guidelines for the municipality to manage the issue, but provided for the way in which this should be done, taking on management and/or organization acts, including conferring responsibilities on the Executive's own sectors. The aforementioned procedures must be the responsibility of the Executive, and it is up to it to decide on the necessary and appropriate material achi Luxembourg Phone Number evements", he stated. According to the judge, the decision regarding the possible creation and characteristics of a public policy such as this should be left to the administration, and not the Legislative Branch: "It is the responsibility of the head of the Executive, as responsible for the administration, to evaluate the convenience and opportunity of establishing a government program designed to benefit domestic animals." Santos also stated that it is up to the mayor, assisted by technical bodies and professionals, to check whether domestic animals face any problems that deserve to be remedied by public action.
If you identify the need for any government action, you should check the possibility and convenience of implementing it, as well as the timing and duration of state intervention", he added. Likewise, he continued, it is up to the mayor to establish the characteristics of the program, defining, for example, what actions will be taken, who will be the agents responsible for its implementation and who will be the beneficiaries. "Deliberation on the institution of a typically administrative measure must be the responsibility of the head of the Executive, and it is not up to the Legislature to interfere in the matter."STJ has 2 to 1 in favor of retroactive effect of the new LIA in the event of approval of accounts Danilo Vital March 14, 2023, 4:24 pm AdministrativeJudiciary The 1st Panel of the Superior Court of Justice once again postponed the definition of the possibility of retroactively applying a rule of the new Administrative Improbity.
The challenged law was not limited to outlining guidelines for the municipality to manage the issue, but provided for the way in which this should be done, taking on management and/or organization acts, including conferring responsibilities on the Executive's own sectors. The aforementioned procedures must be the responsibility of the Executive, and it is up to it to decide on the necessary and appropriate material achi Luxembourg Phone Number evements", he stated. According to the judge, the decision regarding the possible creation and characteristics of a public policy such as this should be left to the administration, and not the Legislative Branch: "It is the responsibility of the head of the Executive, as responsible for the administration, to evaluate the convenience and opportunity of establishing a government program designed to benefit domestic animals." Santos also stated that it is up to the mayor, assisted by technical bodies and professionals, to check whether domestic animals face any problems that deserve to be remedied by public action.
If you identify the need for any government action, you should check the possibility and convenience of implementing it, as well as the timing and duration of state intervention", he added. Likewise, he continued, it is up to the mayor to establish the characteristics of the program, defining, for example, what actions will be taken, who will be the agents responsible for its implementation and who will be the beneficiaries. "Deliberation on the institution of a typically administrative measure must be the responsibility of the head of the Executive, and it is not up to the Legislature to interfere in the matter."STJ has 2 to 1 in favor of retroactive effect of the new LIA in the event of approval of accounts Danilo Vital March 14, 2023, 4:24 pm AdministrativeJudiciary The 1st Panel of the Superior Court of Justice once again postponed the definition of the possibility of retroactively applying a rule of the new Administrative Improbity.