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Los derechos del ciudadano en los conflictos con la administración - Contenido educativo

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Subido el 25 de noviembre de 2022 por Miguel Angel M.

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CHARLA COLOQUIO
Los derechos del ciudadano en los conflictos con la administración.
IES Luis Buñuel (Móstoles)
4 de noviembre de 2022

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Good afternoon. 00:01:34
Today we are joined by Anazazu Delgado González, 00:01:36
representing the Gregorio P. C. Barba Foundation, 00:01:40
who will illustrate to us in a small conference 00:01:43
about the rights of citizens and the conflicts with the administration. 00:01:46
Later, when the conference is over, 00:01:51
a round of questions will be opened for those of you who are at home, 00:01:55
listening to us and watching us through YouTube. 00:01:58
You can write it in the chat 00:02:02
and those of you who are here, 00:02:05
with the microphone. 00:02:08
Go ahead. 00:02:11
Hello, good afternoon. 00:02:13
Although you see here Aranzazu and all this, 00:02:16
Arantxa for all of you, 00:02:19
for me it is a real privilege to be giving this... 00:02:21
They told me it was a talk, 00:02:26
but I preferred it to be a little colloquium, 00:02:29
to be very interactive. 00:02:32
And, well, to tell you one thing 00:02:34
that I liked a lot when they told me I was coming. 00:02:38
You are really the future. 00:02:42
Why do I tell you this? 00:02:46
The titulitis does not go anywhere. 00:02:48
If a company does not have a good foundation, 00:02:51
no matter how many titles the staff has, 00:02:54
no matter how many universities they have, 00:02:58
if there are no people in administration, in management, 00:03:00
the company does not work. 00:03:04
And I also tell you, 00:03:07
right now in the labor market 00:03:09
a lot of professionals are needed, 00:03:11
not people with a degree and who do not know how to do anything. 00:03:14
So thank you very much for being here 00:03:19
and we can start whenever you want. 00:03:22
Well, that's it. 00:03:35
Well, Miguel Ángel told me 00:03:37
that I had to talk to you a little bit about the Constitution and rights. 00:03:40
We are going to take this talk, conference, as you see it, 00:03:44
as the rights that we citizens have, 00:03:50
not as duties, because duties are there. 00:03:54
But what we often do not know 00:03:58
are the rights we have before public administrations. 00:04:00
The rights of citizens with public administration 00:04:05
are recognized in the Constitution 00:04:09
in Articles 103 and 106. 00:04:13
We can divide them into two large groups. 00:04:17
The principles of organization, 00:04:20
which is at the internal level of the administration, 00:04:22
how the administration is structured. 00:04:25
And the principles of performance, 00:04:28
which are the ones that interest us, 00:04:30
in which we are going to focus. 00:04:32
As you will see, Article 103.1 00:04:38
establishes that the public administration 00:04:42
serves with objectivity the general interests 00:04:45
and acts according to the principles of efficiency, 00:04:49
hierarchy, decentralization, 00:04:52
concentration and coordination, 00:04:55
with full commitment to the law and to the right. 00:04:57
Do you know the difference between law and right? 00:05:01
Yes. 00:05:05
Who will explain it to me? I don't know it. 00:05:06
Let's see. 00:05:13
The law is the regulation, the norm, 00:05:14
what approves the legislative power. 00:05:18
The right is the set of all laws. 00:05:23
That's the difference. 00:05:27
Sorry, one thing I haven't told you. 00:05:29
As soon as you have the slightest doubt, 00:05:31
an expression, a word that you don't understand 00:05:34
because it's a complicated language, 00:05:37
you tell me and we try to solve it. 00:05:39
Article 106 states 00:05:46
that the courts control the regulatory power 00:05:49
and the legality of the administrative action, 00:05:53
as well as the subjection of it 00:05:56
to the purposes that justify it. 00:05:58
Individuals, in the terms established by the law, 00:06:01
will have the right to be compensated for any injury 00:06:05
they suffer in any of their assets and rights, 00:06:09
except in cases of greater force, 00:06:13
as long as the injury is a consequence 00:06:15
of the functioning of public services. 00:06:18
What do we mean by this? 00:06:20
We have the right for the administration 00:06:22
to compensate us for the damages 00:06:26
that it has caused us. 00:06:29
This doesn't mean that the Ministry 00:06:32
has to compensate us for a very rare thing. 00:06:36
No, let's give the simple example 00:06:40
that a tree falls on top of our car. 00:06:42
If that tree has had to take care of it 00:06:46
someone from the City Council, 00:06:49
the City Council will have to take responsibility 00:06:52
for the damage to our heritage. 00:06:55
That's what this article means. 00:06:58
For informational purposes, 00:07:04
the principles of organization are the ones you see there. 00:07:07
The hierarchy, decentralization, 00:07:11
concentration, coordination, cooperation, 00:07:14
good faith, legitimate trust, 00:07:17
institutional loyalty, principle of solidarity. 00:07:20
But this is within the administration. 00:07:24
It doesn't affect citizens. 00:07:27
Citizens are affected by the following. 00:07:30
The principle that public administration, 00:07:39
as an institution, has to serve the general interest. 00:07:44
This is also reflected in article 103 of the Constitution, 00:07:49
which says that public administration 00:07:54
serves the general interests. 00:07:57
Therefore, it is a service institution. 00:08:00
What does that mean? 00:08:03
That it has to help us. 00:08:05
Not us to it. 00:08:07
It doesn't have to have its own legal interests 00:08:10
and it can't pursue personal interests. 00:08:15
In addition, the service of the general interests 00:08:19
defines what is the pure essence of administration. 00:08:24
Administration is created to serve the citizen. 00:08:28
And its entire structure and activity 00:08:32
has to serve a specific purpose, 00:08:36
which is to help us. 00:08:39
There is the principle of objectivity. 00:08:44
The principle of objectivity is that administration 00:08:46
serves the general interests with objectivity. 00:08:49
What does this mean? 00:08:53
It is assumed, and it is, 00:08:55
that for administration we are all equal. 00:08:57
There is no difference between some and others. 00:09:00
It has to be arbitrary. 00:09:03
And for that, it also has the tool 00:09:05
that is the statute of the civil servant. 00:09:10
It is the same as the workers. 00:09:13
We have the statute of the workers. 00:09:15
The civil servants, the public workers, 00:09:17
have what is the statute of the civil servant 00:09:20
that regulates their activity, 00:09:23
so that they cannot commit prevarications, 00:09:26
coercions, favors in favor of one another, etc. 00:09:29
The principle of objectivity has two requirements. 00:09:36
That public activity is faithful 00:09:40
to the purposes of the regulatory system 00:09:43
to which it is attributed, 00:09:46
and, for example, 00:09:48
that there cannot be a deviation of power in its performance. 00:09:50
And public activity is developed 00:09:53
with exact weighing of all the interests at stake 00:09:56
that the law orders to protect in each case. 00:10:01
In other words, what they are telling us 00:10:04
is that it always has to have a balance. 00:10:07
And that balance is always based on the law, 00:10:11
based on the law. 00:10:14
The principle of legality 00:10:19
and subjection to the law and the law, 00:10:22
is what I have explained to you before. 00:10:25
Public administration cannot do anything 00:10:27
outside the law, 00:10:31
because it would be committing a crime. 00:10:33
And the Spanish Constitution, 00:10:36
as I have already mentioned, 00:10:39
distinguishes between law and law. 00:10:41
The law is the norm 00:10:43
that politicians in their different... 00:10:46
in Congress, in the Senate, in the chambers, approve, 00:10:51
and another is the law, 00:10:54
which is the set of all laws. 00:10:56
All public authorities, 00:11:03
just like us, 00:11:06
are also subject to the Constitution. 00:11:08
The Constitution, in its article 9.3, 00:11:11
says that it guarantees the principle of legality, 00:11:14
the normative hierarchy, 00:11:18
the publicity of the norms, 00:11:20
the irretractability of the non-favorable 00:11:22
or restrictive sanctions of individual rights, 00:11:25
the legal security, 00:11:29
the responsibility and the prohibition 00:11:31
of the arbitrariness of public authorities. 00:11:34
What does this huge paragraph mean? 00:11:37
It means that the administration 00:11:40
is subject to the law, 00:11:43
it cannot do anything that harms us 00:11:46
with a retroactive nature, 00:11:50
and it will always have to be arbitrary 00:11:53
in its decisions. 00:11:57
Here I have given you an example 00:12:01
of the pyramid of legislative hierarchy. 00:12:04
As you can see, 00:12:08
the first thing is the Constitution, 00:12:10
there are the international treaties, 00:12:12
which, although they are on a different scale, 00:12:15
are at the same level. 00:12:17
And then, as you can see, 00:12:19
the organic and ordinary laws, 00:12:21
the legislative decrees, 00:12:23
government regulations, 00:12:25
laws of autonomous communities 00:12:27
and the regulations of autonomous communities. 00:12:29
That is the hierarchy order. 00:12:31
The most important thing is the Constitution 00:12:33
and the European treaties. 00:12:36
Any law that is not in agreement 00:12:38
based on the Constitution 00:12:42
will not be valid. 00:12:45
It will go to the Constitutional Court 00:12:47
and all the decision of the administration 00:12:51
that is not within the Constitution 00:12:56
or any of the laws, regulations, etc., 00:12:59
will also be ineffective. 00:13:03
The principle of efficiency. 00:13:10
Well, the principle of efficiency 00:13:13
is that the administration has its tools 00:13:15
to be able to act. 00:13:19
The most important ones are the power 00:13:22
to make or adopt unilateral decisions 00:13:25
forcing them to be fulfilled, 00:13:30
to forcefully execute their own acts 00:13:33
or the expropriation, 00:13:38
sanctioning and taxing power. 00:13:41
In other words, they have us where they want us. 00:13:44
If they want to do something to us, 00:13:47
they will be caught. 00:13:49
The participation of citizens. 00:13:54
Well, the participation of citizens. 00:13:56
You already know that the Constitution is collected 00:13:58
that citizens must participate 00:14:02
and public authorities must facilitate 00:14:07
participation in political, economic, cultural and social life. 00:14:10
Constitutionally speaking and in purity, 00:14:19
the participation of citizens, 00:14:23
as you can see in the slide, 00:14:27
is collected in articles 105, 129 and 131 of our Constitution. 00:14:29
Transparency. 00:14:37
Public administration has to be transparent to the citizen. 00:14:39
The citizen has every right to facilitate 00:14:44
any type of administrative registration. 00:14:49
Is it true? Yes. 00:14:57
Is it fulfilled? Not always. 00:14:59
You can do a test, which is very entertaining, 00:15:02
to go to any city hall, community, ministry 00:15:06
and ask them to tell you the budget they have allocated for whatever. 00:15:13
Maybe they will answer you. 00:15:19
I've been waiting for them to answer a silly question for three years. 00:15:22
They haven't answered it yet, you can imagine. 00:15:27
So, well, it would have to be. Yes. 00:15:31
Well, there we leave it. 00:15:36
This, for people of my profession, guild or whatever we call ourselves, 00:15:40
is the most important, it is the one that gives us food. 00:15:48
It is the one of effective judicial guardianship. 00:15:51
Everything is based here and most of the resources 00:15:54
of the hearings and judicial issues are based on this article. 00:15:59
In the 24 of the Spanish Constitution. 00:16:08
We all have the right to effective judicial guardianship, 00:16:13
to the court, to fulfill our rights and legitimate interests. 00:16:18
We have the right to a lawyer, we have the right to defense 00:16:26
and we have the right to what is called a fair trial. 00:16:32
I tell you, almost every resource that is done is done based on, 00:16:37
I mean judicial resources, above all, it is done based on this article. 00:16:46
The violation of article 24 of the Spanish Constitution of effective judicial guardianship. 00:16:52
We also have the right, which is very important, 00:16:59
not to declare against ourselves, not to confess ourselves guilty 00:17:03
and we are always, always, always, always innocent. 00:17:08
Always. I mean, you, may it never happen to us, but you are always innocent. 00:17:12
Even if they catch you with a stick in your hand, you are innocent. 00:17:17
The principle of patrimonial guarantee. 00:17:24
This is the principle that maintains the economic interest of heritage. 00:17:27
It is based, above all, on expropriation and on the patrimonial responsibility of public entities. 00:17:39
It is what I was telling you before about the tree. 00:17:49
And the issue of expropriation, well, it is long. 00:17:52
And well, here I would have concluded the first part of the talk, 00:18:00
which I think is going to be the most boring. Let's hope. 00:18:08
Do you have any questions? Any doubts? 00:18:13
This has become meridian. 00:18:17
Well, perfect. 00:18:19
Well, let's see. 00:18:21
I have thought that to explain to you the issue of resources and administration, 00:18:24
it would be more interesting to give you a talk, to do it through a practical case, 00:18:31
to explain to you a little the functioning of the administrative process. 00:18:38
Let's see. 00:18:42
The practical case is a simple case. 00:18:43
We can complicate it as much as you want. 00:18:45
But basically, we start it simple and then we move forward, okay? 00:18:47
Well, it is the case that we have lost all the points of the card. 00:18:53
Okay? 00:18:59
For fines, sanctions, whatever. 00:19:01
Okay. 00:19:04
So, on October 26th, a resolution of the General Traffic Administration arrives at our home. 00:19:05
Okay? 00:19:13
In which they tell us that we have lost all the points of the card. 00:19:14
The resolution is dictated on October 21st. 00:19:21
The resolution is dictated on October 21st. 00:19:26
The notification is collected by our son. 00:19:32
They knock on the door. 00:19:36
The boy is focused on his things. 00:19:38
He is studying. 00:19:41
WhatsApp. 00:19:42
And he says, look, I open the wallet and I take the card and that's it. 00:19:44
And well, when we see the resolution, we say, wow, mother of God, what do I do now? 00:19:50
What can I do about this? 00:19:57
The first question I ask you is, do you think the notification has been correct? 00:20:01
Can a minor sign and collect that resolution? 00:20:09
Do you think not? 00:20:15
Okay. 00:20:17
Let's see. 00:20:18
Well, yes, it can. 00:20:20
Yes, it can. 00:20:21
Okay? 00:20:22
Yes, it can. 00:20:23
You see how the administration sometimes plays with us? 00:20:24
Okay. 00:20:29
As we have seen, we have said that it was a chore to have lost all the points. 00:20:30
And what did we decide? 00:20:37
Well, to interpose a rising resource. 00:20:38
Okay? 00:20:40
It is the simplest resource there is, the most basic. 00:20:41
We have a month to interpose the resource. 00:20:46
Okay? 00:20:50
Do you know when or how the administrative deadlines are computed? 00:20:52
No. 00:20:59
Okay. 00:21:00
Perfect. 00:21:01
No. 00:21:04
Let's see. 00:21:05
Sorry? 00:21:07
Now we see it. 00:21:10
Okay? 00:21:12
Let's see. 00:21:14
Has the administrative act been correct? 00:21:15
Let's go back to... 00:21:17
Here. 00:21:21
We have said that it is the 26th and the resolution has been dictated on the 21st. 00:21:22
Okay? 00:21:27
So... 00:21:28
The law tells us... 00:21:31
The law... 00:21:33
It is the Law 39-2015. 00:21:34
Okay? 00:21:37
The Law of the Common Administrative Procedure. 00:21:38
For those of you who are going to dedicate yourselves to the issue of administration, 00:21:41
Law 39 and Law 40, which have not made much effort in the numbers, 00:21:46
are the basics. 00:21:51
Okay? 00:21:53
For the field of public administration. 00:21:54
Well, Law 39 tells us that the act must be notified within 10 days after it has been dictated. 00:21:58
So, on that side, we are correct, right? 00:22:08
On that side, we can say that the notification has been correct. 00:22:11
It must contain the full text of the resolution. 00:22:17
That is, they have to tell us why they have sanctioned us, 00:22:21
based on which article of the law it is, 00:22:26
they have to tell us which resources we can interpose, 00:22:32
either through the administrative route or through the judicial route, 00:22:37
to which body we must present that resource and in what term. 00:22:42
Notifications must be made in the most effective way for the citizen. 00:22:50
But there are, especially legal entities, legal people, 00:22:59
who are forced to do it telematically. 00:23:08
They have no choice but to do everything telematically. 00:23:11
A citizen in particular can be notified by postal mail without any problem. 00:23:15
Of course, there must always be a record of the date, time and who has received the notification. 00:23:23
When we interpose or initiate a procedure, a request, 00:23:35
if we request it in our instance, 00:23:41
we can choose the means in which the administration will contact us. 00:23:44
We can tell them either by e-mail or by postal mail. 00:23:50
Notifications through electronic media will be notified 00:23:57
when the receipt is opened. 00:24:05
Yes, now I explain what the receipt is, 00:24:10
because it is a part of the exhibition. 00:24:13
If you want a break, I can explain it to you. 00:24:19
It is very important for the professional activity that you are going to carry out 00:24:22
that you have a lot of control of the platforms and the IT offices 00:24:27
of the different public bodies. 00:24:34
Right now, almost 100% of the relationship with the administration is done telematically. 00:24:37
Electronic media are vital. 00:24:47
Yes, okay. 00:25:18
Let's see, it is vital. 00:25:23
They are not understanding this. 00:25:25
Yes, but it is not moving. 00:25:43
Can you put the PowerPoint? 00:25:45
Let's see if it has stopped. 00:26:03
Yes. 00:26:15
Very good. 00:26:19
We put it. 00:26:20
Now it is going too far. 00:26:36
Okay. 00:26:39
Okay. 00:26:41
The relationship between the administration and the administrators. 00:26:42
It is very important that you know this. 00:26:46
It is vital that you have electronic certificates. 00:26:53
Why? 00:27:00
Because everything is simplified much more. 00:27:01
Here you have a small capture of the certificates that exist. 00:27:05
The truth is that the difference between some and others is the level of security that the certificate has. 00:27:11
The two that open the doors to everything are the electronic ID and the digital certificate. 00:27:18
Well, the CERES certificate is the digital certificate. 00:27:26
This is valid for both physical and legal people. 00:27:41
Companies must have this certificate so that you can act for them. 00:27:45
With this certificate it is very easy to obtain. 00:27:52
You have access to everything that may be related to the administration and more. 00:27:56
And I tell you, PIN key, permanent key and signature key, 00:28:06
the only difference is the degree of security to access some documents or others. 00:28:11
You cannot do the same procedures with PIN key, permanent key, 00:28:19
that you can do with CERES or electronic ID. 00:28:25
I have made a joke here so that you can see that always, 00:28:30
it is very important because this happens to me with clients, 00:28:37
when you tell them that electronic ID is believed to come from the computer, 00:28:41
no. 00:28:45
Or to have the electronic ID with the chip and tell me its number of electronic ID, 00:28:46
I already have access to things. 00:28:50
No. 00:28:53
They have to have this reader of this type. 00:28:54
Well, a reader, this is a model that was on the Internet. 00:28:57
But they have to have a reader, otherwise it does not work. 00:29:01
And a key. 00:29:05
The key is obtained in the police stations. 00:29:07
When you are going to renew, you have renewed the ID, 00:29:11
they have given you a very large piece of paper with a super long number. 00:29:14
Well, that is the key to our electronic ID. 00:29:18
Well, this is what I have put as a curiosity. 00:29:23
He has not moved. 00:29:27
I'm talking to myself. 00:29:28
He has stayed without the presentation. 00:29:34
And he will not tell me anything. 00:29:36
I'm here talking to myself and you do not tell me. 00:29:38
This is not fair. 00:29:41
I'm afraid because the option is that you have fallen asleep. 00:29:45
Well, I'll send you the photos. 00:29:59
Okay. 00:30:03
An important thing, too. 00:30:06
No one knows it and it is a professional trick. 00:30:10
The electronic registration of empowerment. 00:30:13
They can give you powers. 00:30:18
I, for example, live with my brother. 00:30:22
And he told me to say it. 00:30:27
He is looking forward to appearing on YouTube. 00:30:29
So he told me, 00:30:32
say you live with me and say you have become a lawyer to get me out of trouble. 00:30:34
True. 00:30:38
I think most of my clients are him. 00:30:42
In all civil branches. 00:30:46
Civil, mercantile, penal. 00:30:48
I think we have touched all the sticks. 00:30:51
So, for example, I have his powers. 00:30:54
An electronic power that allows me to manage for him. 00:30:58
And he has my powers that allow him to manage for me. 00:31:03
For business issues, it is also done by this system. 00:31:09
The legal representative of the company 00:31:14
has to do a power that can be done either by a notary 00:31:17
or by the electronic registration of empowerment 00:31:20
so that you can act for the company. 00:31:23
The drawback of this is that it lasts a year. 00:31:28
But hey, it's very easy to renew. 00:31:34
You renew it in five minutes. 00:31:37
So there is no problem. 00:31:40
The main platform or the main registration is called Red Sara. 00:31:44
As a name, Red Sara. 00:31:51
From there you access all the administrations. 00:31:54
Yes, it would be that. 00:31:58
To all the administrations. 00:32:00
You will see that you have to choose whether it is the territorial area, 00:32:04
national area, city council, whatever. 00:32:09
There you can do all kinds of... 00:32:14
Well, not all kinds. 00:32:18
Except foreign affairs. 00:32:20
Now I will tell you about foreign affairs. 00:32:21
You can access any administration. 00:32:25
It is like a mailbox for any administration. 00:32:28
You fill in your application, your resource, and you have it. 00:32:35
What happens? 00:32:41
Then, the mailbox, which is why the subject has come up for your question, 00:32:43
is called DU. 00:32:49
I give you the letter. 00:32:51
Exactly. 00:32:53
And there, in DU, 00:32:54
is where they will notify us electronically 00:32:57
the resolution or, if we have been fined, 00:33:04
the resolution or, if we have been fined, 00:33:08
they will notify us there. 00:33:11
Look, how cool, now. 00:33:14
Thank you very much. 00:33:19
Thank you very much. 00:33:22
This is our mailbox, 00:33:24
where we will receive all the notifications of the public administrations. 00:33:27
Okay, now. 00:33:33
Let's see. 00:33:36
With this one, I'm going that way. 00:33:37
You see, this is what I told you about Red Sara, 00:33:39
which is this one. 00:33:42
Now, they told me to focus there, but I don't think I can with those. 00:33:44
Ah, okay, okay. 00:33:48
See? Red Sara. 00:33:54
With all of them. 00:34:04
You can enter with all of them. 00:34:05
Also with PIN. 00:34:08
Okay? 00:34:10
The difference between PIN and Permanent 00:34:11
is that to access with Permanent Key, PIN Key and all this, 00:34:14
they have to send you a message to your mobile phone, 00:34:18
give you a key. 00:34:21
It is much more uncomfortable. 00:34:22
You have the digital certificate in your computer 00:34:24
and you don't need PIN or anything. 00:34:29
You do it directly. 00:34:34
So, in DEU, they have put there 00:34:36
the electronic notification system. 00:34:39
It is this mailbox. 00:34:45
Here they will send you the email that you have provided. 00:34:46
You provide it once and you are sold. 00:34:49
We are already sold. 00:34:59
As soon as we provide it once, they will crush us. 00:35:02
Okay? 00:35:05
They will have us located there. 00:35:06
But well, as I will explain to you a little later, 00:35:09
as I will explain to you a little later, 00:35:17
the administration has always taken us. 00:35:19
Okay? 00:35:22
What I have told you about the issue of foreigners. 00:35:23
The issue of foreigners is that there is an exclusive platform for foreigners 00:35:26
called Plataforma Mercurio. 00:35:31
There you can access the person in their own name, 00:35:33
collaborators and some law schools 00:35:40
that have an agreement with the Plataforma Mercurio. 00:35:44
The Madrid Law School is one of them. 00:35:47
Barcelona's, I think, too. 00:35:50
And then there are the electronic headquarters of each body. 00:35:51
The ministries have their own. 00:35:56
The autonomous communities have their own. 00:35:58
The municipalities have their own. 00:36:00
If you want to use them, you can use them. 00:36:01
But if not, in Red Sara it reaches all of you. 00:36:04
And now we were here in the practical case. 00:36:12
And now we go back to the practical case. 00:36:17
Well, they have already notified us. 00:36:21
Either by mail, or by postal mail, or ... 00:36:23
It is not seen back there. 00:36:26
Okay. 00:36:29
Okay. 00:36:40
Okay, then. 00:36:43
Okay. 00:36:46
We will continue here. 00:36:51
Okay. 00:36:55
When they notify us by both ways, 00:36:57
because they can notify you by mail, 00:37:02
or they can notify you by e-mail. 00:37:05
The receipt is when you, in DEU, 00:37:10
say that you accept the message. 00:37:14
That's when it's notified. 00:37:17
That's when they start telling you the deadline. 00:37:19
They notify you by mail, by e-mail, by DEU. 00:37:23
And then they notify you by postal mail. 00:37:27
The one that has validity to start telling the deadline is the first one. 00:37:31
If it has been first by e-mail, you have opened it. 00:37:38
That's the one that starts telling. 00:37:41
How are the administrative deadlines counted? 00:37:43
The administrative deadlines can be by days, by months or by years. 00:37:48
If it is by day, the notification is counted from the next day to receive it. 00:37:53
If it is by months or by years, the same day. 00:38:01
If it is by day, if it is for a month, 00:38:05
if it was on September 26, October, I don't remember well, 00:38:07
it would be on November 26, the month. 00:38:11
If it is from October 26, 2022 and they give you two years, 00:38:16
it would be October 26, 2024. 00:38:20
Not the 27th. 00:38:24
No. 00:38:26
There it is counted from date to date. 00:38:27
Okay. 00:38:30
If you present a resource, a request, whatever, by e-mail, 00:38:32
the presentation date is the next day. 00:38:43
The first day after, AVIL. 00:38:47
What are AVILs for the administration? 00:38:49
For the administration, there are AVILs from Monday to Friday, 00:38:52
Saturdays and Sundays don't count, 00:38:56
but the national holidays and those of each organization count. 00:38:58
Let's see. 00:39:04
The national holidays. 00:39:05
For example, now, in a few days, it will be Almudena Day. 00:39:09
If we have to submit the resource to the City Council of Madrid Capital, 00:39:16
we will have one more day because it is Almudena Day. 00:39:21
But if we have to submit it to the City Council of Móstoles, 00:39:25
on the 9th it would count. 00:39:30
Okay? 00:39:33
Yes. 00:39:34
What happens? 00:39:35
We are lucky that we are notified on February 29th 00:39:36
and we are told that we have one year. 00:39:40
Of course, the following year there is no 29th. 00:39:44
So, it is the first day after, AVIL. 00:39:47
Okay? 00:39:52
No. 00:39:55
That would be great, but no. 00:39:56
It is the first day after, AVIL. 00:39:58
When the expiration date falls on a holiday, 00:40:01
it is also the same, the following day, AVIL. 00:40:05
Okay? 00:40:08
What you said was that it was a minor and it could not be notified. 00:40:09
Yes, it can be notified. 00:40:13
It can be notified from the age of 14. 00:40:15
In other words, those of you who have children, you know, 00:40:20
don't take it. 00:40:23
Because... 00:40:25
What happens if you are not notified? 00:40:28
It is what I was telling you, that they have caught us. 00:40:31
Why have they caught us? 00:40:34
Because they publish it to us in the official bulletin, 00:40:35
either from the State or the corresponding autonomous community. 00:40:38
If we have already left the country, 00:40:44
also in the consulate, 00:40:48
they put us there. 00:40:51
You have a fine without paying. 00:40:53
Okay? 00:40:57
I have already told you how the deadlines are counted. 00:40:58
In what is administration, 00:41:03
like... 00:41:07
August is AVIL. 00:41:08
In the judicial path, August is inAVIL. 00:41:11
But in the administrative path, August is AVIL. 00:41:14
Okay. 00:41:19
So, 00:41:20
to interpose the famous resource that we have left behind, 00:41:21
the raised resource, 00:41:25
because they had taken away the points from the card. 00:41:27
How is it done? 00:41:30
We have to make a request. 00:41:32
Normally, the requests are in all the platforms, 00:41:34
the headquarters of the different public bodies. 00:41:39
It has not passed. 00:41:44
It has not passed. 00:41:45
Damn. 00:41:46
Let's see. 00:41:47
Is it pointing that way? 00:41:48
No. 00:41:50
No. 00:41:51
There it is. 00:41:52
Here. 00:41:53
Okay. 00:41:54
You can see it better there. 00:41:55
It is because of Article 66. 00:41:59
Do you want to know it? 00:42:01
Do you have any curiosity? 00:42:02
Article 66 of Law 39 00:42:03
tells us that it will have to be submitted by request. 00:42:06
Okay? 00:42:09
The request has to contain our name and surname 00:42:10
or the representative's. 00:42:15
And the representative's. 00:42:19
Both. 00:42:21
They will put interested and then they will put representative. 00:42:22
The identification of the electronic medium 00:42:25
or the physical place where to present it. 00:42:29
The facts, reasons and requests that we have. 00:42:33
Place, date, signature and organ 00:42:38
in front of which we have to submit it. 00:42:42
If there is any resource that can be subordinated, 00:42:45
they give us a ten-day deadline. 00:42:50
For example, 00:42:53
maybe if you are watching me, 00:42:54
the client will find out now. 00:42:56
They have notified me that a client has to give me a power 00:42:59
because she needs a power 00:43:06
or, in addition, 00:43:08
a raised resource that we interposed for an interim issue. 00:43:09
If you are watching me, you have to give me the power. 00:43:16
They have given me ten days. 00:43:19
Why? 00:43:21
To subordinate it. 00:43:22
So, what is that lady going to have to do? 00:43:24
To take over, 00:43:26
to give me a real power 00:43:28
in my name 00:43:30
so that I can represent it in the resource issue. 00:43:31
Well, I'll get in touch with you by phone. 00:43:37
Okay. 00:43:43
And now we go to what our resource should contain. 00:43:44
What we have to say to the superior of the DGT 00:43:50
that has taken away from us, 00:43:56
the poor thing has already been given away. 00:43:58
What do we have to say to him so that he gives us back the points? 00:44:02
Let's say. 00:44:05
Well, we have to make a writing 00:44:06
in which there is a header with our data 00:44:08
and the body to which it is directed. 00:44:12
Okay? 00:44:15
What kind of resource do we interpose? 00:44:16
If it is raised, 00:44:18
if it is repositioned, 00:44:20
whatever. 00:44:23
And against what? 00:44:25
Well, against the number resolution 00:44:26
that has arrived by mail 00:44:29
in which it tells us that the points have been taken away from us. 00:44:31
And then we have to claim the reason 00:44:35
why we are interposing the resource. 00:44:38
The most orderly way to do it 00:44:42
is that in the claims 00:44:46
the first is the description of what has happened. 00:44:48
Well, such date has come to me, 00:44:53
the resource in which it tells me 00:44:55
that the points have been taken away from me, 00:44:57
and so on. 00:44:59
I do not agree because the article is violated, 00:45:01
whatever. 00:45:04
Okay? 00:45:06
You can provide all the documentation 00:45:07
that you consider appropriate. 00:45:09
All of it. 00:45:12
Whatever you consider beneficial for you. 00:45:14
Never provide anything ambiguous. 00:45:18
Only what can give you the reason. 00:45:21
Not something they can grab 00:45:24
to take your reason away from you. 00:45:26
Then you have to make a request 00:45:30
and then, by means of another yes, 00:45:34
which is a phrase already made, 00:45:38
a... 00:45:41
How do you say this? 00:45:42
A collar. 00:45:44
A collar. 00:45:45
Something like this. 00:45:46
To ask for cautious measures. 00:45:48
Cautious measures, for example, 00:45:51
in this case, would be to let us circulate 00:45:53
until it is resolved. 00:45:55
Okay? 00:45:57
Okay. 00:46:01
And so we should... 00:46:02
Now it is the word. 00:46:03
You have to move it with this and this. 00:46:06
Okay. 00:46:08
So now we should have the resource... 00:46:09
Well, this is not it. 00:46:14
This is my vest. 00:46:17
This is not it. 00:46:18
This. 00:46:22
This is the one. 00:46:23
We should have something like this. 00:46:25
You see? 00:46:28
The organ to which it is directed. 00:46:29
Okay? 00:46:32
Who? 00:46:33
Or in whose name? 00:46:34
Because it can also be in whose name. 00:46:36
What kind of resource is interposed 00:46:39
and to whom is it interposed? 00:46:42
And why is it interposed? 00:46:44
Then the allegations begin. 00:46:47
You see? 00:46:52
Well, with this date, this has been received, 00:46:53
we put a raised resource 00:46:56
and we base it on those articles of that Royal Decree. 00:46:58
Is it important to have a legal basis? 00:47:03
Well, not very legal either, 00:47:08
but we can base ourselves on something. 00:47:10
We cannot tell the administration 00:47:12
yes, because yes, 00:47:14
yes, because it is my register. 00:47:15
No, we cannot. 00:47:17
We have to give them a basis. 00:47:18
What would happen? 00:47:23
Well, the administration has a deadline to answer us. 00:47:24
Can it answer us? 00:47:29
Or can it not answer us? 00:47:31
Because one of the rights that we citizens have 00:47:33
is that the administration always has to answer us. 00:47:37
Okay? 00:47:41
But it does not always have to answer us in writing. 00:47:42
Administrative silence also exists. 00:47:45
Do you know administrative silence? 00:47:49
No? 00:47:53
Administrative silence can be positive or negative. 00:47:54
Okay? 00:47:58
There is always the argument 00:47:59
against this, 00:48:04
if in the deadline I do not know what has not been answered, 00:48:06
and it is understood by negative silence, 00:48:09
that is that you are already underestimated. 00:48:11
Okay? 00:48:13
If they do not tell you that it is negative silence, 00:48:14
if after three months they have not answered you 00:48:16
and it is understood that it is negative silence, 00:48:18
after three months you are underestimated. 00:48:22
There are cases where the silence is positive. 00:48:25
What does it mean? 00:48:28
That if they have not answered you in those three months, 00:48:29
they have given you the reason. 00:48:33
And that's it. 00:48:36
Administrative silence is that simple. 00:48:37
Okay, well, they have answered us 00:48:41
and, unfortunately, 00:48:43
we return to the presentation. 00:48:46
Okay? 00:48:49
Well, there you have what silence is, 00:48:50
which is the positive that they have accepted, 00:48:52
the negative that they have rejected. 00:48:56
Well, I tell you, 00:49:00
the usual thing is that it is negative. 00:49:02
Okay? 00:49:05
So, let's go with... 00:49:07
Okay. 00:49:11
What's up? 00:49:12
They have told us no. 00:49:13
That the reasons we have claimed... 00:49:14
No. 00:49:16
No, okay. 00:49:17
What do we do? 00:49:18
Well, could we interpose another resource of another type? 00:49:19
Yes, we could. 00:49:23
There is another type of superior resource. 00:49:25
Would it be practical, useful and convenient? 00:49:28
No. 00:49:31
Why? 00:49:32
Because we are going to take longer. 00:49:33
Okay? 00:49:35
So, we would have to go to the judicial path, 00:49:36
to the administrative contentiousness. 00:49:40
It is my profession, 00:49:44
and saying this may be throwing stones on my roof, 00:49:45
but the judicial path is always dangerous 00:49:50
on some issues. 00:49:56
Well, on almost all of them, but well. 00:49:58
It is dangerous. 00:50:00
Why? 00:50:01
Because it has costs and costs. 00:50:02
Let me explain. 00:50:05
There are some instances 00:50:07
in which a lawyer and a prosecutor are not needed. 00:50:12
Okay? 00:50:16
So, if you lose that plea, 00:50:17
and you are sentenced in costs, 00:50:20
as a lawyer and a prosecutor are not required, 00:50:23
you don't have to pay the costs. 00:50:27
What happens? 00:50:31
If we are going to a procedure 00:50:32
in which a lawyer and a prosecutor are required, 00:50:35
because we have insisted that yes, yes and yes, 00:50:38
and then it is no, 00:50:44
we have the cost of a lawyer and a prosecutor, 00:50:46
and if on top of that we are dismissed, 00:50:52
we have the cost of a lawyer and a prosecutor 00:50:57
on the opposite side. 00:51:00
So, the judicial path is complicated. 00:51:02
It is complicated. 00:51:09
A lawsuit should not be filed for things, 00:51:11
I don't say trivial, 00:51:15
because for each one, 00:51:17
what they want to claim is important. 00:51:19
But we will have to think very well 00:51:25
if it is convenient for us to make that judicial claim 00:51:28
or not to make it. 00:51:32
More than anything, because of the issue of costs and costs. 00:51:34
Okay? 00:51:38
So, what would happen? 00:51:39
In this issue, which is very simple, as I have told you, 00:51:41
a lawyer and a prosecutor are not required. 00:51:44
So, we arrive and we launch ourselves. 00:51:48
And we say, we are going to interfere with the administrative contentious path. 00:51:53
A lawsuit is very similar to a resource, its structure. 00:51:57
It is the same as putting who is suing, 00:52:03
to whom you sue and why you sue, 00:52:07
in what facts you base yourself to sue. 00:52:10
Then you have to put a series of technical things, 00:52:13
legal foundations, 00:52:18
which are legal foundations and materials. 00:52:20
The legal foundations, that I have to have a lawyer, 00:52:24
that the court is competent, 00:52:26
a series of things. 00:52:28
And then there are the legal materials, 00:52:30
which are what we have put here as allegations. 00:52:34
That is where we have to describe 00:52:38
what we base ourselves on to interpose that lawsuit. 00:52:41
So, we arrive and we interpose the lawsuit 00:52:47
and his ladyship estimates us. 00:52:50
Great, cool. 00:52:52
We are great and we have won. 00:52:54
Well, that would be the end of the story. 00:52:56
There would be no more. 00:52:58
They would tell us, you have your meat with your points. 00:52:59
What would happen if his ladyship tells us 00:53:02
that he is not so great 00:53:05
and tells us no, 00:53:07
that no, 00:53:09
that no, 00:53:11
that he stays with the meat points. 00:53:12
Then we have another instance, 00:53:14
which is the Superior Court of Justice. 00:53:16
I tell you the same thing. 00:53:18
There are costs and there are insurances. 00:53:19
Surely there are costs. 00:53:22
Because there you need a lawyer and prosecutor. 00:53:24
In this issue, 00:53:30
for example, this one, which is a circulation issue, 00:53:32
that they take away our license, 00:53:35
we would be interested in getting to so much 00:53:37
or taking the course and get your license. 00:53:39
I don't know, it depends. 00:53:43
If it were me, I would go to Estrasburgo 00:53:45
for not taking the course. 00:53:47
I tell you the truth. 00:53:49
It cost me God and help to get my license and drive. 00:53:50
But maybe they are interested 00:53:53
in leaving it and taking the course. 00:54:00
Now, if we are claiming, 00:54:02
for example, 00:54:05
a patrimonial loss 00:54:07
that a lighthouse was not well anchored, 00:54:10
the city council is responsible for maintenance 00:54:16
and it falls on top of the roof of our house 00:54:21
and smashes it, 00:54:24
well, of course, 00:54:26
let's see, 00:54:28
there we have no choice but to get 00:54:30
as far as we have to get 00:54:32
so that the administration fulfills 00:54:34
its obligation to return 00:54:37
to us the patrimony that we have lost. 00:54:40
Well, I think I have talked too much, 00:54:45
too much. 00:54:48
And now, if you want, it's your turn. 00:54:50
You can ask me whatever you want, 00:54:52
whatever you want. 00:54:54
Important, you also have to be a streamer, 00:55:02
to be heard on YouTube. 00:55:05
This is cool, YouTube. 00:55:07
Oh, the microphone has been taken. 00:55:12
For example, if you get a notification 00:55:26
with your name, a fine, 00:55:28
but you get another plate 00:55:30
and you, at the time of calling, make a claim 00:55:32
and they tell you that they have not made a mistake, 00:55:34
but at the time of calling, 00:55:36
you are paying separately, 00:55:38
because it is not a phone, 00:55:40
when you call, it is a separate line 00:55:42
that charges you those minutes 00:55:44
and it has not been once that they have done it to me, 00:55:46
they have done it to me two or three times 00:55:48
and I have paid for that 00:55:50
and in the end no one has returned it to me, 00:55:52
refunded, rather. 00:55:54
Okay, what I have understood is that 00:55:56
in your case, 00:55:58
a fine has come to your name 00:56:00
with another plate. 00:56:02
With another license plate. 00:56:04
Okay, well, you don't have to pay that fine. 00:56:06
Of course. 00:56:08
Can you claim to the city council 00:56:10
the cost of the call? 00:56:12
That's what I ... 00:56:14
Yes. 00:56:16
Well, no. 00:56:18
No. 00:56:20
Because it has happened to me two or three times 00:56:22
and that phone bill 00:56:24
in my pocket. 00:56:26
I'll tell you one thing, there is a saying, 00:56:28
or a saying or something like that, 00:56:30
that against the vice of asking 00:56:32
there is the virtue of not giving. 00:56:34
For asking, you never lose. 00:56:36
That is, if you consider 00:56:38
that your rights have been violated 00:56:40
and it seems to you 00:56:42
a lack of 00:56:46
cordiality, 00:56:48
whatever you want, 00:56:50
not to say anything else, 00:56:52
of the city council 00:56:54
charge you a special price 00:56:56
claim it. 00:56:58
Also, look, 00:57:00
it's a good exercise. 00:57:02
I claim my 00:57:04
2.50 euros 00:57:06
because the city council ... 00:57:08
Well, for example, 00:57:10
companies 00:57:12
can't have ... 00:57:14
For customers, 00:57:16
whether it's telephone, 00:57:18
whether it's the light, the gas, 00:57:20
they can't have a 902 for customers. 00:57:22
They have to facilitate 00:57:24
free numbers. 00:57:26
It's mandatory. 00:57:28
By law. 00:57:30
We would also have to come 00:57:32
and complain to the city council 00:57:34
why calling from our mobile 00:57:36
costs us money. 00:57:38
You can do it and tell me 00:57:40
how it is. 00:57:42
Any more questions? 00:57:44
How little participative. 00:57:46
Yes, 00:57:48
whatever you want. 00:57:50
For example, when you get a digital certificate, 00:57:52
why is it only for a machine, 00:57:54
a computer? 00:57:56
Because I have sisters, 00:57:58
parents, my mother, 00:58:00
and whenever I want to get a different one, 00:58:02
she tells me it's just for a computer. 00:58:04
No, no, no. 00:58:06
You're going to have to get it 00:58:08
the first time 00:58:10
from a computer. 00:58:12
If you've already done one, 00:58:14
you know you have to download the program, 00:58:16
that they give you a series of instructions and such. 00:58:18
Then you go to 00:58:20
Google. 00:58:22
We all have Google, even if it's Mac. 00:58:24
Sorry, I'm a little lost there. 00:58:26
You go to Google 00:58:28
and where it says certificates, 00:58:30
there you can import 00:58:32
and export the certificates. 00:58:34
And you can have on your computer 00:58:36
all the certificates you want. 00:58:38
And you can pass those certificates 00:58:40
to all the computers 00:58:42
you want. 00:58:44
At work, it's very typical 00:58:46
to have the certificate of many people. 00:58:48
And then, as a family, 00:58:52
I won't even tell you. 00:58:54
And when you finish your studies, 00:58:56
you'll have the facility to do things. 00:58:58
You're going to get 00:59:00
digital certificates, 00:59:02
I'm telling you. 00:59:04
Any? 00:59:06
Yes? 00:59:08
Cool. 00:59:10
But you can ask me, even if it's not administrative. 00:59:12
Today, 00:59:14
it's free justice, whatever. 00:59:16
Hello, good afternoon. 00:59:18
Look, my question is the following. 00:59:20
I'm processing nationality. 00:59:22
Therefore, 00:59:24
I already have all the procedures 00:59:26
in the corresponding body. 00:59:28
I get 00:59:30
a notification 00:59:32
on how I'm doing. 00:59:34
When I get in, 00:59:36
I have a pending notification. 00:59:38
When I get into the DEU, 00:59:40
I mean, in the past, 00:59:42
when I got into the DEU, 00:59:44
nothing appeared. 00:59:46
It's been three months. 00:59:48
It's gone. 00:59:50
I already sent a letter 00:59:52
from the city council. 00:59:54
I sent a letter, 00:59:56
but I don't see it. 00:59:58
It hasn't been three months. 01:00:00
I'm still waiting. 01:00:02
Okay. 01:00:04
In that case, 01:00:06
there are two things you can do. 01:00:08
Call the Ministry of Justice 01:00:10
with your file number. 01:00:12
I've called for eight months, I think. 01:00:14
In the Ministry of Justice, 01:00:16
when you call, 01:00:18
they don't have access 01:00:20
to see what kind of notification. 01:00:22
Because it says 01:00:24
required notification and documentation. 01:00:26
I know what you mean. 01:00:28
That doesn't mean 01:00:30
they're requiring you. 01:00:32
No. 01:00:34
That's a requirement 01:00:36
between them. 01:00:38
That's why 01:00:40
I don't find any notification 01:00:42
They're not asking you. 01:00:44
They're asking 01:00:46
the different ministries 01:00:48
or the different bodies 01:00:50
that are involved 01:00:52
in the foreign process. 01:00:54
Maybe they're talking 01:00:56
to the city council. 01:00:58
The notification is directed 01:01:00
to the city council 01:01:02
to check your pattern again, 01:01:04
your pattern, 01:01:06
or they're looking again. 01:01:08
Because, let's see, 01:01:10
it's dilating a lot. 01:01:12
Nowadays, 01:01:16
for example, 01:01:18
nationality comes out much earlier. 01:01:20
It's not three years like before. 01:01:22
Anyway, it's not three years, 01:01:24
but maybe a year and a half. 01:01:26
So, 01:01:28
the certificates, 01:01:32
all the certificates, 01:01:34
the birth certificate, 01:01:36
the marriage certificate, 01:01:38
are valid for three months. 01:01:40
Because the processes 01:01:42
take so much time, 01:01:44
for example, 01:01:46
the criminal record 01:01:48
that they ask you 01:01:50
for the issue of foreigners 01:01:52
has expired. 01:01:54
It has expired. 01:01:56
Before, for example, 01:01:58
the last procedure, 01:02:00
they ask the Ministry of Justice 01:02:02
to check 01:02:04
if you've committed a crime. 01:02:06
What happens is that, 01:02:08
in my case, for example, 01:02:10
the criminal record comes from abroad. 01:02:12
But you also had to present 01:02:14
the one from Spain. 01:02:16
Of course. The one from Spain, no. 01:02:18
They didn't ask me for the one from Spain. 01:02:20
Because you gave them authorization 01:02:22
to look at it. 01:02:24
So, it could be, for example, 01:02:26
just that. 01:02:28
That's why they give you 01:02:30
that procedure, 01:02:32
because it's an internal procedure. 01:02:34
If you have a documentation pending, 01:02:36
you have to submit it. 01:02:38
That's why I don't get a debt. 01:02:40
Thank you very much. 01:02:42
Nothing. 01:02:44
Nothing? 01:02:46
One. 01:02:48
It's easy. 01:02:50
I've heard that 01:02:52
a new communication procedure 01:02:54
for fines 01:02:56
and with citizens 01:02:58
is already working. 01:03:00
Is it telematic? 01:03:02
It's going to be telematic 01:03:04
and mandatory. 01:03:06
In two years, 01:03:08
we're going to have everything 01:03:10
hanging in the clouds. 01:03:12
It's going to be telematic. 01:03:14
Why? 01:03:16
Because 01:03:18
the paper is out of use. 01:03:20
The mail from the postman 01:03:24
that takes things home 01:03:26
is out of use. 01:03:28
But it's already working. 01:03:30
It's like a digital buoy 01:03:32
or a buzon. 01:03:34
Well, there's one thing 01:03:36
that is for 01:03:38
unfruitful notification. 01:03:40
For example. 01:03:42
Or when 01:03:44
in the judicial matter 01:03:46
you have sued someone 01:03:48
and they don't find him 01:03:50
and you want to notify the lawsuit 01:03:52
or the sentence or whatever 01:03:54
and you don't locate him. 01:03:56
There's one thing 01:03:58
called TEJU. 01:04:00
It's an ugly name, but it's called TEJU. 01:04:02
Judicial Editorial Board. 01:04:04
That's where 01:04:06
they hang everything. 01:04:08
It's like 01:04:10
the digital buoy where they hang everything. 01:04:12
But also for administrative matters? 01:04:14
Also for administrative matters. 01:04:16
And there's one 01:04:18
if I'm not mistaken 01:04:20
that's also for unpaid, 01:04:22
mortgages and all those things. 01:04:24
Don't you want 01:04:26
a free legal settlement? 01:04:28
All you want. 01:04:32
For example, if I'm walking 01:04:34
down the sidewalk and I fall 01:04:36
in that case, do I have to call 01:04:38
the civil police? 01:04:40
Municipal police. 01:04:42
To file a complaint about 01:04:44
a hole? Yes. 01:04:46
And then the Misano City Council? 01:04:48
Yes. 01:04:50
You have to call the City Council. 01:04:52
Let's go to the City Council. 01:04:54
Let's go. 01:04:56
You wait for the police to come. 01:04:58
A brief fall? 01:05:00
Whatever. 01:05:02
Yes. 01:05:04
And that you get a part of the injuries. 01:05:06
But normally they say 01:05:08
that there should be witnesses. 01:05:10
No, you already have them there. 01:05:12
You will have the police. 01:05:14
For example, my mother 01:05:16
fell on the sidewalk the other day 01:05:18
and stepped on a hole, 01:05:20
and she was told that she needed witnesses 01:05:22
and she got hurt and fell 01:05:24
and she stopped and went home. 01:05:26
But the next day she complained 01:05:28
and she was told that she needed witnesses. 01:05:30
No, you take a picture of the hole 01:05:32
with your cell phone 01:05:34
and if there are injuries, 01:05:36
like an arm, a leg, 01:05:38
In this case she had a sprain, 01:05:40
bruises, 01:05:42
and we sent her pictures 01:05:44
with the doctor, 01:05:46
and they told us that since there are no witnesses, 01:05:48
she can't proceed. 01:05:50
You can file a patrimonial claim 01:05:52
based on that. 01:05:54
For a hole, 01:05:56
one day, 01:05:58
on one street, 01:06:00
your mother 01:06:02
fell 01:06:04
and she had these injuries. 01:06:06
And a question, 01:06:08
if it has been about two months, 01:06:10
can you claim that or not? 01:06:12
Yes, you can claim it. 01:06:14
Do you make an instance? 01:06:16
Have you been here in Móstoles? 01:06:18
No, I live in Parla. 01:06:20
In the town hall of Parla. 01:06:22
And you submit all the documentation 01:06:24
that you believe 01:06:26
that your mother 01:06:28
had injuries and that you went there for that. 01:06:30
Ok. 01:06:32
That later, 01:06:34
it is related to cause and effect. 01:06:36
But yes, 01:06:38
you can do it. 01:06:40
Not because you don't have witnesses, 01:06:42
but because you don't stop being right. 01:06:44
Ok, but if you fall 01:06:46
in the town hall, 01:06:48
the town hall, the ministry, 01:06:50
whatever, 01:06:52
call the police and the Sandmor 01:06:54
and ask them to give you some injuries. 01:06:56
My mother didn't call the police or the Sandmor. 01:06:58
That's why she doesn't have witnesses. 01:07:00
But well, let her try. 01:07:02
If she hasn't called the police 01:07:04
or the Sandmor, 01:07:06
then where did you fall? 01:07:08
She can't prove 01:07:10
that she fell in this place. 01:07:12
But well, 01:07:14
when you are... 01:07:16
Normally, 01:07:20
when you fall, you don't call the police. 01:07:22
When you are alone, 01:07:24
I tell you, 01:07:26
the normal thing in this kind of things 01:07:28
is that when something like that happens to you, 01:07:30
you stay where you are, 01:07:32
call the... 01:07:34
call the police 01:07:38
and an ambulance 01:07:40
and right there, 01:07:42
if you get injured, 01:07:44
or in the hospital, 01:07:46
call someone 01:07:48
who believes 01:07:50
that you have been there. 01:07:52
Ok, but you try it. 01:07:54
Ok. 01:07:56
You try it. 01:07:58
And you tell me the result. 01:08:00
Ok. 01:08:02
One second. 01:08:06
We have a question here online. 01:08:08
Tania asked us 01:08:10
if the costs would be the costs. 01:08:12
Let's see. 01:08:14
Tania, 01:08:16
greetings. 01:08:18
The costs. 01:08:20
For example, 01:08:22
in the first instance, 01:08:24
in the administrative contentious, 01:08:30
if you have a lawyer, 01:08:32
it would be only 01:08:34
the cost 01:08:36
in the minute 01:08:38
of the prosecutor. 01:08:40
That is collected 01:08:42
in the article 01:08:44
394 of the 01:08:46
Civil Procedure Law. 01:08:48
And as a maximum, 01:08:50
it can be a third 01:08:52
of the amount. 01:08:54
For example, 01:08:56
if it is 1,000 euros, 01:08:58
as a maximum, it can be 01:09:00
300. 01:09:02
And there are times when the court, 01:09:04
the judge, 01:09:06
limits the costs. 01:09:08
Then there are things, 01:09:10
but this is already 01:09:12
excessive, 01:09:14
but if you want to have 01:09:16
an idea, 01:09:18
there are things that cannot be valued. 01:09:20
You cannot value 01:09:22
a sanction for 01:09:26
professional deontology 01:09:28
to a lawyer, for example. 01:09:30
That is done 01:09:32
for an undetermined amount, 01:09:34
and the undetermined amount 01:09:36
is 18,000 euros. 01:09:38
Then you can 01:09:40
get a beating 01:09:42
on your back. 01:09:44
I say it very clearly. 01:09:46
Be very careful with the issue of costs. 01:09:48
And another thing 01:09:50
I tell you. 01:09:52
What you talk to your lawyer 01:09:54
has nothing to do 01:09:56
with the issue of costs. 01:09:58
You can tell your lawyer 01:10:00
because you consider him 01:10:02
to be the best lawyer in the world, 01:10:04
and you tell him, 01:10:06
I want you to take my defense 01:10:08
or you are taking care of my interests 01:10:10
and I give you 01:10:12
1 million euros. 01:10:14
It does not matter to you. 01:10:16
You are going to pay him 1 million euros, 01:10:18
but the court will not give it to you. 01:10:20
As a maximum, it will give you 01:10:22
a third of the amount. 01:10:24
I hope I have solved 01:10:26
your doubt. 01:10:28
If I have not solved it, 01:10:30
I apologize. 01:10:32
My question is from a labor point of view. 01:10:34
If the company 01:10:36
I work for 01:10:38
is going to take article 41, 01:10:40
does it affect people 01:10:42
who have hourly increases? 01:10:44
The article 41, 01:10:46
excuse me, 01:10:48
that they can change the schedules, 01:10:50
that they can... 01:10:52
Well, that's a delicate issue, 01:10:54
the article 41. 01:10:56
There is one thing 01:10:58
that lawyers do not know. 01:11:00
We do not know the articles, 01:11:02
the laws and everything by heart. 01:11:04
That's why we have the codes 01:11:06
and now on the Internet everything is great. 01:11:08
Do not think that we do not know 01:11:10
all the articles. 01:11:12
If they change your 01:11:14
working conditions, 01:11:16
it can be a dismissal... 01:11:20
Let's see. 01:11:24
It can be a dismissal... 01:11:26
Let me explain. 01:11:28
You may not want 01:11:30
those working conditions. 01:11:32
Then it is considered an unprecedented dismissal. 01:11:34
You have to 01:11:36
pay what is 01:11:38
considered as compensation 01:11:40
as an unprecedented dismissal. 01:11:42
As long as the working conditions 01:11:44
vary substantially. 01:11:46
I mean, not because one day 01:11:48
they tell you you have to come 01:11:50
at nine instead of 01:11:52
eleven. 01:11:54
But if that is continuous 01:11:56
or you had in your contract 01:11:58
that you worked from one hour to another 01:12:00
and it was not possible 01:12:02
due to the circumstances of the company, 01:12:04
if you cannot 01:12:06
accept those conditions 01:12:08
for your family or whatever, 01:12:10
they have to compensate you 01:12:12
as if it were an unprecedented dismissal. 01:12:14
With 33 days per year of work. 01:12:16
With a maximum of... 01:12:20
I think it's 12 months or something like that. 01:12:22
Any more questions? 01:12:26
Ah, one last thing. 01:12:30
I don't want to bore anyone 01:12:32
with this. 01:12:34
We have... 01:12:36
Speaking of traffic fines, 01:12:38
the City Council of Madrid 01:12:40
I don't know if all of you know, 01:12:42
but the City Council of Madrid tells us 01:12:44
that if we pay the fine in advance 01:12:46
with a reduction, 01:12:48
then we cannot do anything 01:12:50
for that... 01:12:52
It's not true. 01:12:54
Yes, we can use it. 01:12:56
So, don't be fooled 01:12:58
by paying and then... 01:13:00
Yes, you are going to have to pay, 01:13:02
true, 01:13:04
but then you can use that fine. 01:13:06
Don't be fooled 01:13:08
by paying to take it away 01:13:10
and then not. 01:13:12
And in a few days, 01:13:14
I will tell you, I have already told you about my brother, 01:13:16
in that we have also touched 01:13:18
the fine pole, 01:13:20
and I have been waiting, 01:13:22
after three years, 01:13:24
I have claimed 01:13:26
100 euros from a fine. 01:13:28
But, well, it was for a matter of practice, 01:13:30
what I told you to do. 01:13:32
A matter of practice. 01:13:34
They have given me the view, 01:13:36
for 100 euros, 01:13:38
it took me three years 01:13:40
to give me the view, 01:13:42
the date of the view. 01:13:44
I will tell you what the result is, 01:13:46
to see if 01:13:48
they take away the fine or not. 01:13:50
Let's see if there is luck. 01:13:52
Well, 01:13:54
I don't have any more questions, right? 01:13:56
Well, let's give... 01:13:58
Ah, yes, yes, the lady has... 01:14:00
Sorry. 01:14:02
Nothing. Let's see. 01:14:04
Now the new law 01:14:06
of housekeepers 01:14:08
came out with the issue 01:14:10
of unemployment and all this. 01:14:12
I would like to know 01:14:14
since when and how? 01:14:16
As I have been told, 01:14:20
ask very good questions. 01:14:22
I will give you my phone number 01:14:26
and my e-mail address. 01:14:28
And we will talk about it. 01:14:30
It seems perfect to me. Thank you very much. 01:14:32
I know there is. 01:14:34
But I am very focused 01:14:36
on the issue of how it is. 01:14:38
Because it is a complicated issue. 01:14:40
Of course. 01:14:42
Not everyone can be welcomed. 01:14:44
As far as I understand, 01:14:46
to give you an idea, 01:14:48
I think you have been 01:14:50
working in another job 01:14:52
before, the issue of unemployment. 01:14:54
In another job? 01:14:56
I mean, not as a housekeeper? 01:14:58
You mean? 01:15:00
But if you have not worked 01:15:02
in any job that is not a housekeeper, 01:15:04
for example... 01:15:06
Ah, if you have worked in an office too. 01:15:08
No, nothing. 01:15:10
Only as a housekeeper 01:15:12
for 18 years. 01:15:14
We are going to talk about... 01:15:16
What was the sixth amendment? 01:15:18
The sixth amendment and the advice 01:15:20
that people with experience have given. 01:15:22
Very good question. 01:15:24
Very relevant. 01:15:26
I am very happy. 01:15:28
I will give you my phone number 01:15:30
and we will talk about it. 01:15:32
Thank you. 01:15:34
One more question. 01:15:36
Sorry. 01:15:38
One, two, three. 01:15:46
Hello. 01:15:50
For example, if a person 01:15:52
has an appointment for a foreign job... 01:15:54
Sorry, a little higher. 01:15:56
If a person has an appointment for a foreign job 01:15:58
but he also has to go to work that day 01:16:00
but the schedule does not match, 01:16:02
I mean, he has to be late for work 01:16:04
or he cannot go, 01:16:06
does that day correspond to him? 01:16:08
Yes. 01:16:10
And if it does not correspond to you, 01:16:12
and the holidays, 01:16:14
and whatever is needed. 01:16:16
Do not miss an appointment for a foreign job. 01:16:18
It is like an impossible task to get one. 01:16:20
Do whatever it is. 01:16:22
And if not, 01:16:24
I tell you the same thing. 01:16:26
I give you my phone number 01:16:28
and I go to work that day. 01:16:30
And I replace you 01:16:32
so that you can go to the appointment for a foreign job. 01:16:34
Take the appointment for a foreign job. 01:16:36
Do not doubt it. 01:16:38
Well, 01:16:40
I have a question. 01:16:42
It is said that if you can claim the payment of a fine 01:16:44
that you think is undue 01:16:46
for being caught by two radars 01:16:48
at a very short distance. 01:16:50
It is not specified 01:16:52
that it is a very short distance. 01:16:54
Well... 01:16:56
I mean, 01:16:58
20 kilometers or... 01:17:00
Well, what was being said about the three years 01:17:02
that I have been waiting, 01:17:04
it is not because I have been fined 01:17:06
at a very short distance, 01:17:08
but because 01:17:10
my brother Pedro 01:17:12
has been fined 01:17:14
three days in a row 01:17:16
with my car. 01:17:18
That is why I claim it. 01:17:20
If it was his car, I would not claim it. 01:17:22
With my car. 01:17:24
So I have to pay for it. 01:17:26
Three days in a row 01:17:28
on the same radar. 01:17:30
What happens? 01:17:32
The fines are supposed to be 01:17:34
so that you do not commit the infraction again. 01:17:36
So, 01:17:38
they have to inform you 01:17:40
that you have committed that infraction. 01:17:42
I mean, they cannot be fining you 01:17:44
systematically 01:17:46
for the same thing 01:17:48
until you receive the first 01:17:50
fine. 01:17:52
So, that is why 01:17:54
my brother was fined three times. 01:17:56
One, of course, it is fair 01:17:58
because there was speed excess. 01:18:00
It was little, 01:18:02
but there was speed excess. 01:18:04
And two, 01:18:06
the next day and the next day. 01:18:08
Since we have not received any of the other two, 01:18:10
those two have been claimed 01:18:12
because we did not know 01:18:14
that we were committing the infraction. 01:18:16
On this subject, 01:18:18
well, 01:18:20
at a very short distance, 01:18:22
a radar... 01:18:24
I would not know 01:18:26
what to tell you. 01:18:28
They are two different infractions. 01:18:32
They are two different infractions. 01:18:34
You can not pay and claim. 01:18:38
Always. 01:18:40
You can pay and then claim. 01:18:42
If they take it away, great. 01:18:44
Otherwise, 01:18:46
we also run the risk 01:18:48
that we pay and then they return it to us. 01:18:50
Because the administration 01:18:54
is very good at charging 01:18:56
and then taking a long time to pay. 01:18:58
I also tell you that. 01:19:00
Well, if you do not have any more questions, 01:19:02
no doubt, 01:19:04
those of YouTube 01:19:08
I think they have already died, they have gone. 01:19:10
I think there are still some. 01:19:12
There are some. And question. 01:19:14
Come on, go. 01:19:16
Hi. 01:19:18
What can happen to public officials 01:19:20
when they get a raised resource 01:19:22
and do not pay attention to the raised resource? 01:19:24
What can happen to them? 01:19:26
To the official? 01:19:28
Yes. 01:19:30
If they do not pay attention to the administrative file 01:19:36
and make a raised resource 01:19:38
and do not pay attention, 01:19:40
what can happen to them? 01:19:42
You have not been before in the talk 01:19:44
and you do not know about the administrative silence. 01:19:46
Something has happened. 01:19:50
I put an instance 01:19:52
and they answer me with an administrative silence. 01:19:54
Then I make a raised resource 01:19:56
and they do not pay attention to the raised resource. 01:19:58
But the act that has occurred 01:20:00
will tell you 01:20:02
if it is positive silence 01:20:04
or negative. 01:20:06
If it is negative, 01:20:08
it is because 01:20:10
they have underestimated it. 01:20:12
But I, in turn, make a raised resource 01:20:14
because I want to protest more. 01:20:16
And in that raised resource they do not pay attention to me. 01:20:18
They do not answer me with a raised resource. 01:20:20
What can happen to the officials? 01:20:22
Nothing. 01:20:24
If they do not answer me with a raised resource, 01:20:26
nothing happens to them? 01:20:28
Is it an administrative silence to the raised resource? 01:20:30
Excuse me? 01:20:32
Is it an administrative silence to the raised resource? 01:20:34
Yes, of course. 01:20:36
It is a silence. 01:20:38
They give it to you as underestimated. 01:20:40
And you... 01:20:42
You can ask for an impulse. 01:20:46
You have the right to 01:20:50
give your file 01:20:52
to see at what point your file has stopped. 01:20:54
And then, from there, 01:20:56
throw it to the next resource 01:20:58
that will no longer be a raised resource. 01:21:00
Against a raised resource, 01:21:02
you cannot interpose another raised resource. 01:21:04
You will have to go to a higher resource. 01:21:06
And against that higher resource, 01:21:08
you will have to go to the court. 01:21:10
But you will have your administrative file 01:21:12
and they will tell you 01:21:14
here, we teleworked 01:21:16
up to here 01:21:18
and we have not done more. 01:21:20
Ok, thank you very much. 01:21:22
And you will have the right 01:21:24
to whatever. 01:21:26
But if it is a case that has happened to you, 01:21:28
which is a personal case... 01:21:30
No, it is not a case. 01:21:32
It is a typical case of oppositions. 01:21:34
It is a typical case of 01:21:36
I ask for something, they answer me, 01:21:38
I have a raised resource, 01:21:40
and in the case they answered me, 01:21:42
but in the case they did not answer me... 01:21:44
Well, it would be understood as silence. 01:21:46
If it says it is negative silence, 01:21:48
what happens is that you can ask 01:21:50
for your administrative file 01:21:52
and see if it is 01:21:54
because the administration has stopped 01:21:56
and the deadline has elapsed 01:21:58
or because they have underestimated it 01:22:00
because they have not seen it 01:22:02
proceeding and continue. 01:22:04
I have another very good one. 01:22:06
I have a good one. 01:22:08
I buy something, 01:22:10
it comes to me and I see that it has been damaged. 01:22:12
I want to take it to the store, 01:22:14
but in my case it was plowed, 01:22:16
they close it. 01:22:18
I cannot go to return the product, 01:22:20
in this case it was a mobile phone. 01:22:22
I finally arrive, 01:22:26
they leave me outside open, 01:22:28
I can leave my neighborhood, 01:22:30
I go to the store and they tell me 01:22:32
that nothing happens to them 01:22:34
because they are not closed. 01:22:36
I say, yes, but I have not been able to return this. 01:22:38
A president and a minister came out 01:22:40
saying that the guarantee was extended. 01:22:42
They told me no and no and no. 01:22:44
Do you guarantee the house, 01:22:46
the factory? 01:22:48
Yes, it is a mobile phone store. 01:22:50
But it is one of those 01:22:52
reconstructed? 01:22:54
No, it was Xiaomi. 01:22:56
Xiaomi? 01:22:58
Yes, I wrote to the OCU 01:23:00
and they did not listen to me. 01:23:02
The mobile phone did not work, 01:23:04
I took it there, I put a claim, 01:23:06
they did not answer me either. 01:23:08
There is a lot of silence. 01:23:10
I did not want to go to court 01:23:12
because I ended up very burned 01:23:14
and the laws were passed 01:23:16
over the forum. 01:23:18
The brand? 01:23:22
Yes, I say Xiaomi 01:23:26
because I prefer directly, 01:23:28
after this case, 01:23:30
I make negative publicity. 01:23:32
I think that in my first 01:23:34
streaming experience 01:23:36
I will not say the brand 01:23:38
so that later it does not exist. 01:23:40
It has many gaps. 01:23:42
It has many gaps. 01:23:44
The issue of the guarantee 01:23:46
in that particular brand, 01:23:48
as it is China, everything goes to China. 01:23:50
So, 01:23:52
it's a bit complicated, 01:23:54
but yes, you would have the right 01:23:56
to Xiaomi, Xiaomi? 01:23:58
Hello, I said it. 01:24:00
Fuck. 01:24:02
It happened to me like in Tajarena the other day. 01:24:04
I said it, well. 01:24:06
You had the right. 01:24:08
Fuck. 01:24:10
You would have the right 01:24:14
to the general, 01:24:16
you would have the right to your guarantee. 01:24:18
For two years, 01:24:20
and now that you know, 01:24:22
the guarantee is three years. 01:24:24
Yes, yes, it's the same. 01:24:26
What happens is that the phone, 01:24:28
yes, but they tell you that the phone 01:24:30
they send it to the Asian country. 01:24:32
But the Spanish law. 01:24:34
The law. 01:24:36
Exactly. 01:24:38
I feel like the fucker right now. 01:24:46
I feel like the fucker right now. 01:24:48
Well, well, well. 01:24:50
No. 01:24:52
The company has to be 01:24:54
responsible for its guarantee for three years. 01:24:56
What happens is that 01:24:58
if the establishment tells you 01:25:00
that it has to take it 01:25:02
who has manufactured it, 01:25:04
well, imagine if they really 01:25:06
take it where they say. 01:25:08
Okay. 01:25:10
Well, we have another online question. 01:25:12
I'm not going to say the name. 01:25:14
Start with J. 01:25:16
Because, well, 01:25:18
he says, at 16 or 17 years old 01:25:20
he got a fine for public disorder 01:25:22
in Barcelona. 01:25:24
Now he lives in Madrid. 01:25:26
He has only received a notification 01:25:30
and he doesn't know if the fine has been annulled. 01:25:32
How can he find out about this situation? 01:25:34
Don't find out. 01:25:36
Let him run. 01:25:38
You don't want to find out. 01:25:40
Let him run. 01:25:42
Because this is not a crime 01:25:44
or anything. 01:25:46
Let him run. 01:25:48
That's it. 01:25:50
Because at 16 01:25:52
your parents are responsible for you. 01:25:54
Let them find out. 01:25:56
Let's leave it there. 01:25:58
Let him run. 01:26:00
Really. 01:26:02
He can't know. 01:26:04
Well, maybe 01:26:06
the fine has been annulled 01:26:08
or prescribed. 01:26:10
We don't know his age now. 01:26:12
We're not going to say sex or anything. 01:26:18
Don't want to find out. 01:26:22
Let him run. 01:26:24
Because if they want to locate you, 01:26:26
they will. 01:26:28
Especially if it's the police. 01:26:30
The police will locate you 01:26:32
wherever you are. 01:26:34
Because with your ID 01:26:36
and passport 01:26:38
they will locate you wherever you are. 01:26:40
But no. 01:26:42
It's better not to find out. 01:26:44
That's something 01:26:46
you should never find out. 01:26:48
If the fine has been annulled or not. 01:26:50
Let him run. 01:26:52
Let him run. 01:26:58
Idioma/s:
es
Autor/es:
IES Luis Buñuel
Subido por:
Miguel Angel M.
Licencia:
Todos los derechos reservados
Visualizaciones:
79
Fecha:
25 de noviembre de 2022 - 14:51
Visibilidad:
Público
Centro:
IES LUIS BUÑUEL
Duración:
1h′ 37′ 10″
Relación de aspecto:
4:3 Hasta 2009 fue el estándar utilizado en la televisión PAL; muchas pantallas de ordenador y televisores usan este estándar, erróneamente llamado cuadrado, cuando en la realidad es rectangular o wide.
Resolución:
640x480 píxeles
Tamaño:
889.05 MBytes

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