Resolution

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Resolutions are non-normative decisions by an authority, be it political, administrative or judicial, that resolves a conflict or gives guidelines to follow in a given matter.

This conclusion or solution to a conflict or controversy is used in various official settings. Thus, it can be an administrative resolution given for example by a director of an educational center, it can be a political resolution (which in turn is administrative) given by a minister to guide an action in his ministry.

It can also be a resolution issued by the judicial authority, such as a sentence that ends the conflict of two or more parties that have brought their problem to trial.

Administrative resolutions

These decisions in the administrative field put an end to the administrative route. That is, they end up with the possibility of continuing to appeal a problem to the administrations, and they must go to trial.

They are issued by the competent authority in a specific matter. In addition, they are of a general and mandatory nature. They are competent to dictate both administrative and political official authorities, normally when they are dictated by political authorities it is the declaration of an agreement.

Administrative resolutions are known as administrative acts.

Types of administrative acts

It can be differentiated between:

  • Express or presumed: Express acts are those that are in writing and the presumed are those that are presumed without being dictated.
  • Favorable or unfavorable: They are considered favorable if the citizen or managed is right.
  • Final or procedural: The final are those that fully resolve the dispute.
  • Individual or collective.

Characteristics of administrative acts

The most prominent features are:

  • They must be based on facts and law.
  • Executives are presumed. That is, they will be effective to be able to run in daily life.
  • They will be void if they violate fundamental rights or if they contain content that is impossible to comply with or when the correct procedure to dictate them has been dispensed with.

Judicial resolutions

These resolutions are decisions of the judicial authority that are issued during a judicial, civil, criminal, administrative or labor process.

They are declarations of will of the materially and territorially competent judicial authority that apply the law to a specific case.

Types of court decisions

There are different types of court decisions:

  • Self: They end the process but do not resolve the issue and must be motivated.
  • Sentence: They end the process by resolving the conflict of origin and must be motivated.
  • Decree or providence: In the countries both or one of them are used, but they have the same purpose, which is to be a procedural resolution. In other words, it does not resolve the judicial conflict but rather resolves procedural incidents. That is, the necessary steps to complete the procedure.
  • Proceedings: These resolutions are procedural like the previous ones but even with less importance, they are simply for a good procedural development, they usually record some point of the trial or promote the final resolution of the same.

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