Administrative Law
Administrative Law regulates the relationship between individuals and authorities in Mexico. JJP Abogados offers comprehensive services for defense, procedure management, and protection against acts of authority, ensuring regulatory compliance.
Essential Legal Framework
LAW ADMINISTRATIVO: YOUR
DEFENSE AND CONFIANZA
Administrative Law is the branch of public law that regulates the relationship between individuals and public administration, establishing the legal foundations for the exercise of state power and the protection of fundamental rights. This body of law is essential to ensure that authorities act transparently, efficiently, and fairly, promoting a balance between social interests and individual rights. Administrative Law serves as a tool of defense against possible arbitrariness and abuses, as it allows for the challenge of acts and decisions that affect one’s legal sphere. At the same time, it contributes to collective well-being by ensuring that administrative policies and acts are oriented toward the public interest, strengthening trust in institutions and fostering an orderly and equitable coexistence.
Administrative Law in Mexico is a fundamental pillar of the legal system, aimed at regulating the relationship between individuals and public administration at its different levels of government: federal, local (state or Mexico City), and municipal (boroughs). Each of these levels has its own areas and competences, designed to address the specific needs of society and ensure the Rule of Law. Below, we outline the main areas covered by Administrative Law at these three levels:
Federal Administrative Law
Federal Administrative Law refers to the matters regulated by the laws and authorities of the national government, whose powers are established in the Constitution and federal laws.
Some of the most relevant areas are:
- Regulation of strategic sectors: Includes activities such as telecommunications, transportation, immigration, aviation, and ports, which fall under the exclusive jurisdiction of the federal government.
- Federal administrative procedures: Acts such as licenses, permits, concessions.
- inspections and sanctions carried out by federal agencies, as well as defense in amparo proceedings against acts of federal authorities.
- Transparency, access to information, public procurement, public works, and personal data protection:
Rules and procedures for the safeguarding and access to federal public information.
Local (State) Administrative Law
Local Administrative Law covers the matters regulated by each federal entity through its own Constitution, laws, and regulations. Among the most important areas are:
- Urban development and land-use planning: Regulation of urban development plans and programs, zoning, land-use authorizations, and construction permits.
- Civil protection and risk management: Implementation of state civil protection programs, authorizations, and supervision of safety measures.
- Local mobility and transportation: Permits and regulation of public transportation, taxis, road corridors, and vehicle inspection.
- State administrative procedures: Formalities, licenses, inspections, and sanctions carried out by state agencies, as well as local administrative remedies.
Municipal or Borough Administrative Law
Municipal Administrative Law regulates matters under the jurisdiction of municipal governments and boroughs in Mexico City, which have autonomy to manage community affairs. Its main areas include:
- Land use and urban development: Issuance of certificates and land-use changes, modification or challenge of urban development plans and programs, as well as construction licenses and permits.
- Opening and operation of commercial establishments: Notice of opening declaration, operation of low- or high-impact establishments, and licenses for the sale of alcohol and tobacco.
- Municipal civil protection: Preparation and supervision of internal civil protection programs in businesses, industries, and public events.
- Administrative verification: Actions and procedures before verification institutes (such as INVEA in Mexico City), supervision of commercial activities, and imposition of sanctions.
- Public services: Regulation of services such as drinking water, waste collection, public lighting, markets, and cemeteries.
- Defense and remedies: Filing of legal actions against acts of municipal or borough authorities, protecting the rights of citizens and businesses against arbitrary acts.
Liability of Public Officials and State Civil Liability
At JJP Abogados, we provide comprehensive advisory and defense in proceedings related to the liability of public officials and the State, accompanying our clients from the investigation stage through to the final resolution. Our team has the necessary experience to act before internal control bodies, administrative authorities, and competent courts, as well as in criminal defense arising from accusations of crimes related to public service.
- Proceedings and defense before investigative bodies such as Internal Control Organs, the Ministry of Public Administration, the Federal Administrative Justice Court, or the Federal Audit Office (and their local equivalents).
- Defense and challenge before the competent courts of the resolutions issued by investigative bodies.
- Criminal defense before the corresponding courts in cases of criminal charges.
Administrative Liability of the State
- Claims before the competent administrative authorities for compensation due to State liability.
- Filing appeals for revocation of the resolutions issued by the competent authorities when ruling on the corresponding proceeding.
- Claim before the Federal Administrative Justice Court to demand recognition of State liability and compensation.
