The RENAP before Congress. Contents of Cd The National Registry of Persons (RENAP), an organization that since its birth, has been surrounded by controversy and conflicts of various kinds. Some related to their authorities, other non-compliance with its goals and objectives because of poor planning and erratic and mediocre management, resulting in social unrest and a disservice to the public. Above result is a society tired by the long lines and painful waiting, and frustrated after losing hope that will see improved service, passing the Civil Registry, the municipalities to Renap. ABOUT
RENAP :
administratively It is organized as follows: 1 Board, 2 Executive Director, Advisory Council 3 rd, 4 th Administrative Directions.
The Board of Directors is the body senior management, integrated, and one (1) judge of the Supreme Electoral Tribunal (TSE is elected by Congress, according to art. 123 of the Decree no. 1 - 85), the Minister of the Interior (can delegate to a deputy-representative of the executive-), and 1 representative elected by the Congress (Article 8 Section 9-10 bis Renap law). The board makes decisions majority of its members (if 3 justices, the decision is made with 2 of 3 members, which allows decisions can be influenced by Congress, since it is Congress who appoints the members of the TSE ( This naming its representative in that body) and the elected representative directly by Congress - art. 13 Renap Act.
Congress participates in the process Election Board, not in decision-making administrative, as article 10 bis , establishing the absolute independence of mind, and any interest outside the National Registry of Persons, in decision making is clear that the selection process favors an influence by Congress in the direction of the National Registry of Persons.
Within its powers the directory Renap law laid down in Article 15, paragraph h), which must know the resources that are raised against the Director , resources that are regulated in the Act Administrative litigation, specifically in articles seven (7) and nine (9), respectively, of the decree number 119-96.
Executive Director: The Superior Administrative Hierarchy of Renap, is elected by the Board, Article 19 of the law of Renap.
Its functions include: (a) To ensure that they meet the goals of the institution. (F) To direct, manage activities for proper operation. (H) Appoint staff ... removals ... sanctions ... the staff of the institution. (No need board approval for making these decisions, as we can deduce, in light of subsection i) of that article, which explicitly states that prior to signing contracts, must be approved by the board) (l) Impose and administrative penalties. (M) All necessary to achieve the objectives of the institution.
The Director may be removed, among other things, the following: (a) committing acts contrary to the aims and interests of Renap. (E) Failure to achieve targets set by directory. ( In no section of the law of Renap, either in articles 165 and 171 of the Constitution granted to Congress, the authority or power to manage, promote or influence the decision of removing the Director of Renap as did to show the President of Congress, to the media, saying it will seek the resignation of the Director, stating that was to have left in a disrespectful and without reaching an agreement ... is this a need to save, or is established within the grounds for removal, I believe that this reaction is caused by an ego affected, and this behavior does not fall within removal of the causes set out in Decree No. 90-1007. ). Advisory
: the Consultative Council, allowed the participation of political parties, universities, business associations, INE, SAT.
Its functions are set as follows: (a) Inform the Director of deficiencies in the institution. (B) Serve as a consultative body. (C) Monitor to Renap.
CASE STUDY:
The year 2011 brought the non-renewal of several hundred employees Renap. Decision taken by the Director, and that I think is administrative. Renap law provides for allocation in this paragraph h) of article twenty (20), which reads: "h) To appoint staff and agree on all administrative actions involving promotions, removals, transfers, licensing, penalties and Acceptance of resignations of staff of the institution, in accordance with the Act and its regulations. "
From the above, there could be several issues to discuss and clarify: on the contract between the former employees and Renap. Is it civil in nature, is it the field of Labour Law? Or is purely administrative?, If the civil law was the body of law governing this contract, terminate the contract, there is no obligation between the contracting parties to renew the same, or to celebrate a new contract.
If the contract is labor, there is no obligation to renew the same, as in Article 86 of Decree No. 1441, states that "The employment contract ends without liability to the parties ... a) by the advent of the term ...."
Question for students and scholars of law: What route would suggest, if you were consulted by the former workers Renap?
In my opinion, the way forward is the Administration. From the discussion in Article 88 of Law Decree No. 90-2005 Renap should be an appeal for Revocation within 5 days of reporting, to the same Director of Renap, who was to elevate the records or proceedings the Board, attaching detailed report, and resolve. If this collective body, resolved unfavorably, there still remained the Replenishment resource, to be filed within 5 days after notification, to the same body issuing the resolution. Finishing with this action, the administrative authority. (Decree No. 119-96, Administrative Litigation Law).
If the final resolution of the appeal was unfavorable to those affected by administrative action, the process continues Administrative (art. 221 and 118 Constitution Decree 119-96) in which they will learn about the legality of the administrative decision . And if the ruling is unfavorable, the Constitution in the last paragraph of Article 221 gives the affected part of a resolution in the administrative proceedings, the appeal for review.
But perhaps there is still something I do not know, I have not heard, or any law that grants Congress the power to call the Director of Renap, like a minister to an interpellation, " anyone know what I need to consider? What was to stop all this to Congress?
intervention believe that Congress should be only through the elected representative to form the index, and do not have direct, since the National Registry of Persons (RENAP), Article 1 of Decree No. 90-2005, is an autonomous entity.
CONCLUSION: According
am, to light of the above, with proposals made by Members including the Deputy Manfredo Marroquín and Rep. Rosa María de Frade (Daily El Periodico and Free Press), in precluding the Board the representative elected by the Congress , since it gives too much power, it can influence when making decisions in an entity that must retain its autonomy. Should be shut out any influence of social sectors with vested interests, contrary to the Common Good
With the decision taken by the Director of Renap were affected more than four employees of that entity, but not for the benefit of four former employees who must make decisions Renap Administration, but the benefit of nearly thirteen million people we are affected by going into RENAP, and be staffed slothful and accommodated to the security afforded by tenure, supported by some Members of Congress. Clear that the members of this camera, do not suffer in this situation, because if not bad memory, Congress moved to a window of RENAP especially for Members of Congress, insurance spent two hours queuing, so that when they got to stop them reported that the DPI had not yet been sent, they reached out in a week, to see if it was! I think not. Inconsistencies
law:
- For ordinary meetings, the legal body that there is inconsistency, by establishing Article 12, which will meet in regular session every 15 days, then the second paragraph of Article 13, states that will meet in regular session (1) once a week.
- Registration of Births: There are two deadlines in relation to the registration of births, the first paragraph "a)" Article 79, which states: "a) Births, within a period not exceeding thirty (30) occurred the same day. "and the second at 71, then tracing in its operative part: "... The birth registration must be made within sixty (60) days following the birth ...."
