What is the right of petition?
The right to petition is a fundamental right that is part of the rights inherent to the human person and is extremely important in the field of citizen participation. The right of petition allows people to address the public powers, both parliamentary bodies, and governments, with a petition whose content can be different.
In which article of the Constitution is the right of petition recognized?
The Political Constitution, in article 2, paragraph 20), recognizes the right of every person to formulate petitions, individually or collectively, in writing before the competent authority. Members of the Armed Forces and the National Police can only individually exercise the right to petition.
What obligation does the right of petition generate in the authorities?
The right of petition obliges the authority to receive the petition and to give the interested party a response also in writing within the legal term, under responsibility, but not necessarily to approve it. You can also deny it. This does not mean that the authority is under an obligation to satisfy the request. Nor can it be understood that the recipient of the request is obliged to comply with it on its own terms. The disrespectful request exempts the authorities to resolve promptly. What Is The Petition Of Right?
Does the right to petition the authorities generate any additional obligation?
Indeed, the right to petition generates in the authorities a set of obligations or mandates. These include the following:
- Facilitate the means so that the citizen can exercise the right of the petition without absurd or unnecessary obstacles.
- Admit and process the petition.
- Resolves the petition raised within the term indicated by the law of the matter, offering the corresponding justification of the determination.
- Inform the petitioner of the decision adopted.
Can the authorities penalize a citizen who makes a petition?
No, because another of the obligations or mandates of the right to petition is that it urges the authorities to refrain from penalizing the petitioner in any form or manner, for the mere fact of having exercised said right.
How should the authority’s response be?
The response must necessarily be in writing and within the period established by law. The authority has the obligation to carry out all the acts that are necessary for the evaluation of the content of the petition and to express the corresponding pronouncement, explaining the reasons for which it is accessed or not.
What Law regulates the right of petition?
Law No. 27444, General Administrative Procedure Law, in its articles 106 and following, regulates the right to petition more broadly, noting that it is possible to find up to five areas of operation, which can be: grace, subjective, civic, informative, and adviser.
What is a grace request?
It refers to obtaining an administrative decision as a result of the discretion and free appreciation of the administration.
What is a subjective request?
It is that individual or collective request that has as its object the administrative recognition of a right.
Right of request
The right to petition is a fundamental right whose ownership corresponds to every natural or legal person, regardless of their nationality, and which is included in article 29 of the Constitution and developed in Organic Law 4/2001. It is a right that can be exercised individually or collectively and consists of the power to address the public powers to either inform them of these certain facts, or demand their intervention, or both at the same time. However, those petitions for whose satisfaction the legal system establishes a specific procedure, nor those that are already the subject of a parliamentary or administrative procedure or a judicial process, will not be subject to this right.
In the event that the petition is addressed to the Senate, articles 77 of the Constitution and 192 to 195 of the Senate Regulations are those that regulate the exercise of this fundamental right.
The submission of petitions must include the identity of the applicant or applicants, nationality, address for the practice of notifications, recipient of the petition, as well as its purpose.
A possible form is offered to present the requests, although its use is not mandatory, admitting the presentation by means of any writing as long as it contains the aforementioned data.
If the form is used, once it is completed, it must be printed, signed, and delivered in person to the General Registry of the Senate or sent by ordinary mail.
Once the petitions have been submitted, they will be examined by the Petitions Committee.
In the Report that must be issued in each regular session, which is the object of consideration by the Plenary Session of the Senate, the decision adopted with respect to each petition will appear, indicating, where appropriate, the authority to which it has been sent for your reply. The replies received to the petitions will be transferred to their authors. find good department