The activity was attended by Alejandro Vergara, José Luis Lara, Sandra Ponce de León, Domingo Poblete and Giannina Bocchi.
On November 24 and 25, the XVIII Administrative Law Conference was held, an activity organized by the Administrative Law Association (ADAD) and the Universidad Adolfo Ibáñez (UAI), which focused on the analysis of the lessons of the constituent process in this area.
The meeting, which was held at the Viña del Mar headquarters of the UAI, was inaugurated by the Comptroller General of the Republic, Jorge Bermúdez, and was attended by UC Law professors Alejandro Vergara, José Luis Lara, Sandra Ponce de León, Domingo Poblete and Giannina Bocchi.
Professor Vergara moderated the panel dedicated to the modernization of the administration and, in turn, participated in another on regulations and administrative interpretation, where he presented the paper The place of regulations in the sources of Administrative Law.
In his presentation he addressed, among other topics, the regulation and normative powers of the administration of the organs of the State and the regulatory power of the President of the Republic.
He explained the classification of regulations, the theory of regulatory power of execution, its scope and limits, in addition to the legal reserve against the regulatory power and the legal control of the latter, concluding his presentation with comments on the difference between Regulation and Administrative Act.
Professor Giannina Bocchi, who, together with attorney Matías Larroulet, presented the paper Interpretative powers and their control by the Comptroller General of the Republic, also spoke on the same panel.
In it, they sought to identify which organs of the State administration have interpretative powers and how these have been conferred by the legislator, concluding that “there is no organic statute, since these powers have been granted to organs of different nature, a different legislative technique has been used when granting the power and the scope of the interpretation is also a variable”.
Bocchi explained that the above overlaps with the powers of the Comptroller’s Office, “which constantly reviews the substance of what is interpreted by the bodies subject to its control, through the power to issue rulings, from which it is concluded that deference only occurs in those cases in which the legislator grants exclusive powers of interpretation”.
Subsequently, the panel on property, concessions and urbanism was moderated by UC Professor Sandra Ponce de León, where Professor Domingo Poblete also participated with the presentation The power to declare the expiration of administrative authorizations.
In it, he analyzed the various ways of terminating an authorization, highlighting its substantive characteristics, in order to differentiate between cases of illegality, non-compliance with conditions and evaluation of the public interest involved.
Finally, Professor José Luis Lara was in charge of moderating the space on administrative sanctions and, subsequently, of presenting the paper entitled On the course of administrative litigation in Chile, within the framework of the panel dedicated to this topic.
His presentation, explained Lara, “gave special attention to the evolution of this form of resolving disputes between the State and private parties in Chilean constitutional texts and, likewise, he made a presentation on the difficulties implied by the multiplicity of actions, venues of challenge and procedures”.
During the conference, Professor Alejandro Vergara was also recognized for being one of the initiators of this traditional event, which he has attended and presented papers uninterruptedly for the past 18 years.
