The first part of the legal notice is the information about your business that you must provide before creating a legal statement. This section also contains information about the applicable law, depending on the jurisdiction chosen by the customer in which the legal relationship develops. In this process, a wide range of internal advisory activities are carried out, including legal advice. Learn more about when to seek legal advice. Thus, the Public Prosecutor`s Office of the Ministry of Finance, through the doctrine set out in its expert reports, establishes the legal criteria that delegations must follow, according to which they „. the conceptual and abstract content of the most modern opinion on the subject… (see PTN 254:403). In this context, it is important to address the common and binding characteristic of those who give legal advice, i.e. their membership of a „body“ and the consequences that flow from it. In this article, published by the journal of the Procuración, Broquel, Virginia Lynn and Virginia Scovenna analyze the common and unifying characteristic of those who give legal advice, it is their belonging to the „body“ and the resulting consequences, and offer a point of view that invites us to consider this concept as a space of collective creation. To begin the approach, we must remember that only the permanent legal service (i.e. the Directorate-General for Legal Affairs, the Directorate for Legal Affairs, the legal adviser or the name it adopts) of the institution or body concerned is responsible for preparing the legal opinion, while its specific function is to provide legal advice. And this is precisely because they represent delegations of the Corps of State Lawyers. 1 – PRIETO SANCHÍS expresses, as a characteristic of the rule of law, „the omnipresence of the Constitution in all areas of law and in all minimally relevant conflicts, instead of excluded spaces in favour of the legislative or regulatory option“ (Constitutional Justice and Fundamental Rights, Madrid, Trotta, 2003, p.117).2 – Circumstance highlighted by the CSJN in „Q.C.S.Y.
v Gobierno de la Ciudad De Buenos Aires y Otro S v Amparo“ Judgments 335:452 (2012).3 – See SAMMARTINO, Introduction à l`état de la loi administrative en vertu de l`État de droit, „Revista de Derecho Administrativo“, n° 81, p. 731.4 – Cfr. HABERLE, PETER, Constitución como Cultura, translation by A. M. Montoya, Bogotá, Instituto de Estudios Constitucionales Carlos Restrepo Piedrahita, 2002, p. 27.5 – Cf. SCHMIDT ASSMANN, EBERHARD, Die allgemeine Theorie des Verwaltungsrechts als System, Madrid, Marcial Pons, 2003, pp. 55-60.6 – Art. 1 Law 12.954 (B.O. 10/03/1947).7 – The narrow meaning of the term makes it possible to distinguish legal advice (mandatory in the cases of Article 7 including dNPA) from opinions from other areas (with the exception of the „permanent legal service“) which may contain legal advice.
Develop in MURATORIO, Jorge „Legal advice in the national public administration“ RDA 2002-535. In this sense, the PTN, which stated: „The opinions of officials or advisers who are not members of the Permanent Legal Service of the Ministries of Foreign Affairs and other authorities of the national executive do not constitute the prior legal opinion under Article 7, paragraph d) of Law No. 19.549; whereas this standard refers specifically to those emanating from permanent legal services“ (see Dec. 223:84 and 255:561)8 – Speech by Senator Armando G. Antilles, quoted by KLUGER, Viviana „Towards the unity of the criteria of the legal services of the State. The 1946 discussion on the founding of the Corps of State Lawyers. ECAE Magazine n° 20, October 2020, p. 478. In an interesting article, Viviana KLUGER analyzes the issues that the National Congress took into account when adopting Law 12.954. He concludes: „A majority of legislators have stressed the need to steer the legal advisers of different state authorities in one direction, depending on the danger that different visions may pose on the same legal issue.