The other side of the Influenza A JSRM
Friday, July 31, 2009
Summer Wildflower Wedding Bouquets
was on April 13 in Mexico when news broke that there had been a victim because of what was then called swine flu, and this led to paralyze the country. Then the farmers said there was no reason to call it "pork" because there was no proof that no pig had left and had gone to men. In case in many countries were devoted to sacrifice whole herds of pigs that were either healthy.
Then called bird flu because it seemed to had been in Southeast Asia (H5N1), and not to offend some and others came to call the "Influenza" for what the "Flu" influenza that is in English. Finally, we knew it was a recombination performed in a laboratory or in the same Pentagon where he had stolen some strains being tested in the so-called English flu of 1918 "(which was born in China, and then went to the U.S. arrived in Europe) and avian influenza. And who has those labs?. Finally, this strain of the H1N1 virus has been called "Influenza A".
Then
At any rate, the reality is that so far are about 800 victims worldwide in a total of 160 countries. Experts insists on calm, because the treatments do well. In principle, the Flu is not deadly in itself, but if a person is already in itself a disease or are pregnant, these problems can get together can be a problem.
For good and for clarification, here is a video on Dr. Leonard Horowitz explains who created this pandemic.
is by this that the journalist Jane Burgermeister has reported to the WHO and the UN (see video interview ) by "attempt to commit mass murder with the excuse telling of the influenza A (H1N1) since it is a scam to sell more vaccines, since nature does not recombine genetic information for poultry, swine and three human influenza virus naturally, but has been put together by molecular pathologists from the Institute of Pathology Armed Forces in Washington , DC " .
And it seems that governments believe that by September the famous flu will spread around the world. Another question is as going to extend ("Chemtrails?: lines left by airplanes in the sky, which are supposed to water, but not all are equal).
In the following video, and seeing how all this is taking, David Icke explains what will this deception and urged the people not be vaccinated because the vaccines are not they seem, and taking care not to spread, the same body can heal.
And it seems that governments believe that by September the famous flu will spread around the world. Another question is as going to extend ("Chemtrails?: lines left by airplanes in the sky, which are supposed to water, but not all are equal).
In the following video, and seeing how all this is taking, David Icke explains what will this deception and urged the people not be vaccinated because the vaccines are not they seem, and taking care not to spread, the same body can heal.
As shown, the reality of why there is this noise on the happy media flu is not as much for our supposed health but for other economic reasons. Anybody remember the fear was caused to the alleged "weapons of mass destruction" in Iraq and that only served to give millions and millions to the U.S. arms industry?. Well this seems to be the same but with the pharmaceutical industry, or rather, the pocket of Rumsfeld, who was a friend of Bush: All in the family.
The basis of Tamiflu is star anise, whose production is in the hands of Roche Laboratory by 90%. Between 2006 and 2007, Roche has sold about 3,400 billion of Tamiflu to governments. The lab announced that immediately available enough Tamiflu to 220 million treatments. Roche shares rose, swept a 18.55% from March 2 until now.
The basis of Tamiflu is star anise, whose production is in the hands of Roche Laboratory by 90%. Between 2006 and 2007, Roche has sold about 3,400 billion of Tamiflu to governments. The lab announced that immediately available enough Tamiflu to 220 million treatments. Roche shares rose, swept a 18.55% from March 2 until now.
fact as stated in this video, there are many other serious diseases to which they are not doing anything, for example the Malaria that kills 4,000 children DAY in the world, and could be solved with a fly, or measles, diarrhea ... simple diseases that kill far more and nobody was interested because only are suffering in developing countries.
We have two types of flu, Traditional flu or stationary (the life, there are several types and dying 8,000 people a year in Spain) and carried out 400 million doses, and moreover now we have this new influenza A fuss has been moved and that to date although the Ministry of Health says there are 1538 cases, only 7 victims (as of 29/07/2009). (21 to date 31/08/2009).
In this other video below recalls the media campaign that occurred in U.S. in 1976 because the government said it had to bulk vaccine to prevent influenza virus. Were vaccinated 46 million people of whom 4,000 subsequently reported that they had suffered serious complications from being vaccinated, and developed the Guillain Barre syndrome, a neurological disorder that can lead to paralysis and even death). Indeed, only one person died. (In this other video Ron Paul recalls that moment in that vote and he voted against it: http://www.youtube.com/watch?v=Hdk1FA3vIMs )
Interview with Dr. Rauni Kilde (former Minister of Health of Finland)
We have two types of flu, Traditional flu or stationary (the life, there are several types and dying 8,000 people a year in Spain) and carried out 400 million doses, and moreover now we have this new influenza A fuss has been moved and that to date although the Ministry of Health says there are 1538 cases, only 7 victims (as of 29/07/2009). (21 to date 31/08/2009).
In this other video below recalls the media campaign that occurred in U.S. in 1976 because the government said it had to bulk vaccine to prevent influenza virus. Were vaccinated 46 million people of whom 4,000 subsequently reported that they had suffered serious complications from being vaccinated, and developed the Guillain Barre syndrome, a neurological disorder that can lead to paralysis and even death). Indeed, only one person died. (In this other video Ron Paul recalls that moment in that vote and he voted against it: http://www.youtube.com/watch?v=Hdk1FA3vIMs )
Finally, the reality is that although there are others, the more the approved laboratories in Europe to develop this vaccine are Novartis, Baxter and GSK (GlaxoSmithKline), and Spain will buy 37 million doses from Novartis and GSK.
Here in Spain the Minister for Health Trinidad Jimenez said that when it arrives in December, is to vaccinate workers of health services and essential (police, firefighters, prison officers, public transport) and the pregnant under 14 years old, the chronically ill. Then he added also to the teachers and also be the first to be vaccinated. All these sectors cover approximately 40% of the population, enough for 37 million doses (2 each). And lest anyone who needs the vaccine will need.
Here in Spain the Minister for Health Trinidad Jimenez said that when it arrives in December, is to vaccinate workers of health services and essential (police, firefighters, prison officers, public transport) and the pregnant under 14 years old, the chronically ill. Then he added also to the teachers and also be the first to be vaccinated. All these sectors cover approximately 40% of the population, enough for 37 million doses (2 each). And lest anyone who needs the vaccine will need.
Looking at the figures for other countries, we have that in Mexico that was where it started there have been 140 deaths and 15,383 cases (all from 0 to 19 years) and will buy 20 million doses. In U.S. (where it looks like it was that created the virus in a laboratory) were purchased 70 million doses because they expect 65,000 people this winter have been sick, but now there are only 40,000 confirmed cases of which 260 people died. The UK reserved 134 million doses for a total of 60 million people, but for now there are 840 and 26 hospitalized victims. France has ordered 94 million vaccines and has reserved 36 million more for a total of 879 million euros. There are over 800 cases and there are no fatalities.
Moreover, according to some Russian sources, the flu vaccine being tested on 12,000 children Americans contains a "squalene adjuvant" (something like an addition that activates it), which is the same that was added to the vaccine antiántrax put them American soldiers who went to the first Gulf War in 1991 and killed left sick or one-fourth of the 700,000 soldiers who went to that war. Was the origin of what became known as "Syndrome Gulf War."
Now everybody do what they want, who fear being immunized and pray that does not happen anything. And anyone who believes that this is a massive deception of the laboratories that they created the virus and then have taken the vaccine to collect the money they are not vaccinated. Anyway there are other options such as homeopathic medicine, which has the "Oscillococcinum" which is indicated for feverish conditions. See images of the leaflet and UNO DOS.
's opinion Iñaki Gabilondo - News Four (01/09/2009)
More "censored" by the pro-establishment
http://www.virusyvacunas.blogspot.com/
http://escuadronesporlaverdad.com/index.php?title=Gripe_Porcina
http://megustan-loslibros.blogspot.com/2009/ 08/que-intereses-se-esconden-detras-de-la.html
http://www.virusyvacunas.blogspot.com/
http://escuadronesporlaverdad.com/index.php?title=Gripe_Porcina
http://megustan-loslibros.blogspot.com/2009/ 08/que-intereses-se-esconden-detras-de-la.html
Wednesday, July 29, 2009
Metamucil Kidney Stone
PROCESO DE REGULACIÓN DE CUOTA DE ALIMENTOS Y PODER
BARRANQUILLA FAMILY COURT. (CAST).
ESD control process
food share ... ... ... ... ... ... ... ... ... ... to ... ... ... ... ... ... ... ... ... ....
REF.: POWER.
... ... ... ... ... ... ... ... ... .., of age, resident and domiciled at ... ... and identified with citizen identification number ... ... .... issued at ... ... .... acting on behalf of my minor daughter legal ... ... ... ... ... ... ... ... ... ... the judge, declare that confer a special power, ample and sufficient to ... ... ... ... ... ... ... ... ...., of age and resident of this city, attorney EXCEPT FOR LEGAL ATTACHED TO THE OFFICE OF THE UNIVERSITY OF ATLANTIC to initiate, processed and carried to completion REGULATORY PROCESS alimony against Mr. ... ... ... ... ... ... ... ... ... ... equally adult, resident and domiciled at ... ... ... ... ... ... ... ... ..
My agent is authorized to receive, compromise, give up, reconcile, replace resume, give and generally all the powers granted by law to fully discharge its mandate.
Sincerely,
... ... ... ... ... ... ... ... ... ....
CC No. ... ... ... ... .. ... ... ... ... ....
AGREE,
... ... ... ... ... ... ... ... ...
CC No. ... ... .... of ... ... ... ..
TP No. ... ... .. the CSJ
Lord
FAMILY COURT ... ... ... .. (CAST)
Ref. ESD
FOOD REGULATION OF FEE ... ... ... ... ... ... ... ... ... .. on Behalf of her minor daughter ... ... ... ... ... ... ... ... ... ... to ... ... ... ... ... ... ... ... ... ...
... ... ... ... ... ... ... ..., of legal age, resident and domiciled at ... ... .. identified with the CC ... ... ... ... of Bogota, a lawyer acting as a trustee of Mrs ... ... ... ... ... ... ... ... ... .. of age, domiciled in Bogota, identified as CC ... ... .... of ... ... ..., acting on legal representation of his youngest daughter ... ... ... ... ... ... ... ... ... ... express to the Judge ADJUSTMENT demand alimony against the Lord ... ... ... ... ... ... ... ... .... ., senior citizen, residing at ... ... ... ... ... ... ... .... and identified with the CC. ... ... .... of ... ... .., and for the applicant's request for me based on the following:
FACTS FIRST: The Lords ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...., Are the parents of the child ... ... ... ... ... ... ... ... ... ... born on ... ... ... ... ... of ... .. of ... ... .. scribed in the Notary ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
SECOND: ... ... ... ... ... ... ... ... ... .. THIRD
... ... ... ... ... ... ... ... ... ...
FOURTH: ... ... ... ... ... ... ... ... ... ....
FIVE: FOOD
CLAIMS PROVISIONAL
According to the requirement of Art 417 of the Civil Code, Judge requested that while compliance with the procedural steps designed to clarify the maintenance obligation and its final amount to be fixed by a provisional monthly fee ... ... ... ... ... ... ... ... ... ... ... .. Title I interim food.
LAW: Background
my claims in Decree 2737 of 1989, Act 75 of 1968, Art 411 and following Civil Code Art 414 and following the code of civil procedure and other provisions.
TESTING: TRADES
1. Request, Judge officiate at Regional Education Fund (ERF), paymaster of the Department of Education Ocaña, to certify the amount of compensation in such an entity bearing the defendant, in order to establish its economic capacity.
2. Request, Judge officiate at FOPEP, to certify the amount of remuneration which the pensioner earns Grace defendant, in order to establish its economic capacity.
3. Request, Judge officiate at MINISTRY OF EDUCATION Norte de Santander, to certify the amount of remuneration by way of pension law bearing the defendant, in order to establish its economic capacity.
COMPETITION:
Are you competent in accordance with Decree 2737 of 1989.
PROCEDURE The procedure is laid down in Decree 2737 of 1989 and Act 75 of 1968.
ANNEXES:
related documents in the section on evidence, copies of the application for transfer to the defendant, the prosecutor and the court file.
NOTICES
The defendant Mr ... ... ... ... ... ... ... ... ... ... ... Race ... ... ... ... ... ... ... Lesson three, ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... The applicant
Race ... ... ... ....
Al subscribed Race ... ... ... ... ... ... ... ... ...
Sincerely,
... ... ... ... ... ... ... ... .. CC
... ... ... ... -------------
TP ... ... ... ... ... ...
BARRANQUILLA FAMILY COURT. (CAST).
ESD control process
food share ... ... ... ... ... ... ... ... ... ... to ... ... ... ... ... ... ... ... ... ....
REF.: POWER.
... ... ... ... ... ... ... ... ... .., of age, resident and domiciled at ... ... and identified with citizen identification number ... ... .... issued at ... ... .... acting on behalf of my minor daughter legal ... ... ... ... ... ... ... ... ... ... the judge, declare that confer a special power, ample and sufficient to ... ... ... ... ... ... ... ... ...., of age and resident of this city, attorney EXCEPT FOR LEGAL ATTACHED TO THE OFFICE OF THE UNIVERSITY OF ATLANTIC to initiate, processed and carried to completion REGULATORY PROCESS alimony against Mr. ... ... ... ... ... ... ... ... ... ... equally adult, resident and domiciled at ... ... ... ... ... ... ... ... ..
My agent is authorized to receive, compromise, give up, reconcile, replace resume, give and generally all the powers granted by law to fully discharge its mandate.
Sincerely,
... ... ... ... ... ... ... ... ... ....
CC No. ... ... ... ... .. ... ... ... ... ....
AGREE,
... ... ... ... ... ... ... ... ...
CC No. ... ... .... of ... ... ... ..
TP No. ... ... .. the CSJ
Lord
FAMILY COURT ... ... ... .. (CAST)
Ref. ESD
FOOD REGULATION OF FEE ... ... ... ... ... ... ... ... ... .. on Behalf of her minor daughter ... ... ... ... ... ... ... ... ... ... to ... ... ... ... ... ... ... ... ... ...
... ... ... ... ... ... ... ..., of legal age, resident and domiciled at ... ... .. identified with the CC ... ... ... ... of Bogota, a lawyer acting as a trustee of Mrs ... ... ... ... ... ... ... ... ... .. of age, domiciled in Bogota, identified as CC ... ... .... of ... ... ..., acting on legal representation of his youngest daughter ... ... ... ... ... ... ... ... ... ... express to the Judge ADJUSTMENT demand alimony against the Lord ... ... ... ... ... ... ... ... .... ., senior citizen, residing at ... ... ... ... ... ... ... .... and identified with the CC. ... ... .... of ... ... .., and for the applicant's request for me based on the following:
FACTS FIRST: The Lords ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...., Are the parents of the child ... ... ... ... ... ... ... ... ... ... born on ... ... ... ... ... of ... .. of ... ... .. scribed in the Notary ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
SECOND: ... ... ... ... ... ... ... ... ... .. THIRD
... ... ... ... ... ... ... ... ... ...
FOURTH: ... ... ... ... ... ... ... ... ... ....
FIVE: FOOD
CLAIMS PROVISIONAL
According to the requirement of Art 417 of the Civil Code, Judge requested that while compliance with the procedural steps designed to clarify the maintenance obligation and its final amount to be fixed by a provisional monthly fee ... ... ... ... ... ... ... ... ... ... ... .. Title I interim food.
LAW: Background
my claims in Decree 2737 of 1989, Act 75 of 1968, Art 411 and following Civil Code Art 414 and following the code of civil procedure and other provisions.
TESTING: TRADES
1. Request, Judge officiate at Regional Education Fund (ERF), paymaster of the Department of Education Ocaña, to certify the amount of compensation in such an entity bearing the defendant, in order to establish its economic capacity.
2. Request, Judge officiate at FOPEP, to certify the amount of remuneration which the pensioner earns Grace defendant, in order to establish its economic capacity.
3. Request, Judge officiate at MINISTRY OF EDUCATION Norte de Santander, to certify the amount of remuneration by way of pension law bearing the defendant, in order to establish its economic capacity.
COMPETITION:
Are you competent in accordance with Decree 2737 of 1989.
PROCEDURE The procedure is laid down in Decree 2737 of 1989 and Act 75 of 1968.
ANNEXES:
related documents in the section on evidence, copies of the application for transfer to the defendant, the prosecutor and the court file.
NOTICES
The defendant Mr ... ... ... ... ... ... ... ... ... ... ... Race ... ... ... ... ... ... ... Lesson three, ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... The applicant
Race ... ... ... ....
Al subscribed Race ... ... ... ... ... ... ... ... ...
Sincerely,
... ... ... ... ... ... ... ... .. CC
... ... ... ... -------------
TP ... ... ... ... ... ...
Monday, July 20, 2009
Cramps From Lipodrene
La facultad sancionatoria de las empresas de servicios públicos
The power to impose penalties on utilities public
A frequent question is whether the companies providing public services (ESP in the language of the law 142 of 1994) may impose sanctions on its users or subscribers. In some cases this possibility has been accepted (as in Case T-270 of 2004 of the Constitutional Court) while others were rejected (as in Case T-561, 2006). Much of the discussion has to do with the provisions of the Constitution of Colombia:
"Article 369, CP .- The law shall determine the duties and rights of users, the system of protection and forms of participation in the management and control of state enterprises that provide the service. Another define the participation of the municipalities or their representatives, agencies and enterprises that provide public services. "
Therefore, in 2008 the Constitutional Court finally addressed the issue in a sentence of unification: SU-1010 of that year. The discussion arises from the following situation:
"Through coaching processes under study, the various actors, in their capacity as users of public services provided by the defendants, seeking protection their rights to due process and the defense, allegedly violated by these companies, due to various irregularities in the incurred within the administrative process of technical review and forward them culminating in the imposition of penalties. Leaving aside the minor defects mentioned in the various lawsuits, the point of constitutional significance lies in the accusation that match all the actors, who question the ability of the companies providing public utilities to impose penalties under the consideration that it is not explicitly provided for by law and therefore could not be exercised by such companies. Operated institutions rejected the accusation saying the punitive process that took the lead against the actors originated the failure of these standard conditions of contract, having subjected the records to the procedure established by law and the respective contract. Regarding the latter said that according to the law, they do have the authority to impose fines when there is a breach of the standard conditions by the subscriber or user. "(Sent. SU-1010, 2008, Court Const .)
This leads to propose the following:
"having regard to the factual circumstances of the case, it is up to the Court at this time is whether the public utilities companies are either not empowered to impose financial penalties users when they violate the uniform performance contract.
To resolve the legal problem raised, the Board will refer to the following issues: (i) conceptual approach and the constitutional system of public services, (ii) statutory public utility services, (iii) a contract for public services (iv) the sanctioning authority of government, (v) the powers of the public utilities companies in relation to breach of contract under uniform conditions, (vi) constitutional jurisprudence on the power of public utilities companies to impose such sanctions pecuniary and, finally, (vii) shall consolidate the position of the Corporation as to whether the public utilities companies have power or not punitive.
This will allow the Court to solve the legal problem raised and make the analysis of issues under review. "(General Motors)
After a theoretical review of the constitutional aspects of public services, then goes on to review the Act 142 of 1994 "By which establishes the regime for public services and for other purposes", he later concentrated in the public services contract. He becomes a first conclusion:
"As mentioned, the legal relationship that arises between you and the public utilities companies are also legal and regulatory nature. This means that is driven by public law, the mandatory compliance designed to ensure quality and efficient delivery of services and ensure implementation, effectiveness and protection of the rights of users, without involving the relationship exclude the application of private law rules in respect of matters not regulated by law. " (Quoted in the same sentence)
However, the analysis, which should lead to the study the sanctioning power of the ESP, stops, and concentrated as a preamble to the sanctioning authority of the Body, which states inter alia:
"6.2. However, the exercise of sanctioning powers of the state referred to set of skills that enable different agencies to impose penalties of varying legal status, "is subject to the rules of due process. In this way, whenever the Administration intends to deploy such powers of sanctioning within the orbit of its powers is necessary for the procedure through which channel the exercise of such authority to respect constitutional guarantees of due process. " (Quoted in the same sentence)
then mentioned the importance of the principle of legality, as a precondition of that power:
"The rule of law as a fundamental pillar of governance, usually implies that" there is power, function or act to develop public servants is not specified, defined or established expressly, clearly and precisely in the law ", which is being under section 6 of the Constitution, under which authorities are responsible, not only for breaking the Constitution and laws, but also for the excess in the exercise of his functions. " (Quoted in the same sentence)
then and developed an interesting test of that principle leads to reflection on the possibility that this power may be exercised by individuals.
"Thus, the fact that administrative power penalty constitutes an instrument of achieving the goals that the letter attributed to these authorities, is precisely what justifies the possibility that she will be assigned to individuals who exercise administrative functions. Without But inasmuch as the fact that the individual exercises an authority to that effect comes from nature not only of the fact that it has been authorized by law to exercise certain public functions, this event is a need for greater specificity as legislative the possibility of exercising power in this regard and in relation to the determination of the structural elements of the offense, the penalty itself and the procedure to follow, since it is a strange power to the nature of the individual and In this sense, responding to a specific purpose: the achievement of the objectives of public administration. "(quoted in the same sentence)
With the framework proposed above, is now entering the Court to consider sanctioning powers of ESP, first with respect to the suspension of public residential arising from failure to pay the invoices after the right to make the service elcobro consumed and not checked and after charging interest on balances past due chelae users timely canceled, all powers that are in the law.
Then comes the Constitutional Court to consider whether the ESPs have the power to impose financial penalties on users against breach of the playing field. First recognized the existence of opposing views on the case and examines the jurisprudential evolution of matter (see the whole paragraph 8 of the above) and finally addressing the issue, raised the issue this way:
"9.3. In this context and in consideration of the arguments for the actions, the Board finds necessary to determine whether companies public utilities are able to impose the payment of sums of money over the cost of services for the financial penalty, either (i) as an exercise of administrative power to impose penalties of pecuniary or (ii) the way that it is the requirement of a penal clause under private law. "(quoted in the same sentence)
be seen in some time later:
" To answer this question, must be remembered that our legal system that the legislature may grant administrative authorities both as individuals performing public functions the power to impose sanctions. In this scenario, it is true that the authority determines that the public utilities companies, whether official or private nature, to punish conduct that affects the ability to ensure that all inhabitants of the country efficient service delivery and in Consequently, achieving the social objective of the State in this matter.
But, as noted, the possibility of granting this right only at the head of the legislature. Indeed, the requirement of law, founding principle of the exercise of administrative power to impose penalties, it implies that only he can establish the existence of this prerogative; addition, it is because that, by express constitutional provision, the regulation of public utilities is a matter which is reserved for the legislature, which it is intended that this is the result of a process of democratic deliberation, public, open and pluralistic participation allowing society as an expression of democratic principle. "(quoted in the same sentence)
therefore not delay in stating:
" Indeed, that statute, either expressly or impliedly, the legislator recognizes powers utilities home public to impose penalties, on account of breach of contract, and therefore not regulated a procedure to exercise that power. Therefore, Act 142 of 1994 does not show the responsibility of the utilities to impose financial penalties on users. "(Quoted in the same sentence)
Constitutional Court warns that the ESP have based its punitive power generic text-Law 142 of 1994 (Articles 140 and 142), but such standards are not sufficient.
"Such a conclusion would be unacceptable and inadmissible because it would constitute a clear infringement of the requirement of law, and specifically the principle typicality, which the legislature imposed the burden, not only have to acknowledge the power to punish, but also pointing out the conduct constituting infringement, the penalties and the procedure to be followed for its imposition, these aspects can not be left to the discretion or the definition of administrative authority.
In connection with this case, it must be remembered that the constitutional jurisprudence has been emphatic in stressing the importance of ensuring respect for human rights and fundamental guarantees of the users of public services, work by express constitutional provision it has to bear in First, the legislature by way of regulation. In this sense, if the legislature deems it necessary to grant certain powers in sanction to the public utilities companies, it was imperative that expressly established the key elements that lead to his tenure as a mechanism to ensure the protection of the rights of users. "(quoted in the same sentence) indicates
Later a precedent on this particular point is in the sentence C-1123, 2004 where in fact it was stated that such items could not derive any punitive power, and recalls that in 1151, 2007 law itself that power is specifically included, but such a rule was declared unconstitutional by any party other than the development plan, which was the subject of the law. It complements the theme well:
"The position previously exposed, is shared by the Council of State who, in a recent statement, said that only the legislature, in an exclusive and exclusionary, has the power to define what authorities can exercise punitive powers and how they should. Indeed, in a Judgement of July 30, 2008, the Third Section of the State Council decided to put forward simple nullity action against Article 54 of Resolution No. 108 of 1997, issued by the Energy Regulatory Commission and Gas , which established the right of the public utilities companies for financial penalties to users. In that Order is declared invalid mentioned standard under the consideration that the power to impose financial penalties on users and subscribers, while exercise of sanctioning powers should be legal origin. "(quoted in the same sentence) and ends
:
" In conclusion the public utilities companies have no right to impose pecuniary penalties for users, because the legislature has not empowered to do so. In this sense, the imposition of fees in that capacity has led to a violation of due process rights of users and subscribers, by ignoring the requirement of law principles, legality and criminality, in conduct, penalties and procedure report the exercise of sanctioning powers and the regulation of public utilities, should be contained in the law. "(quoted in the same sentence)
Interestingly, the Constitutional Court does not pass to the problem of freedom of contract that could shelter to the ESP in the contract of uniform conditions, a matter addressed as follows:
"It is undisputed that, under the assumption of autonomy can be expected in a contract that is part of the Administration can agree on the penalty. However, for the public services contract, because such services relating to social order and jeopardize state best interests of the community, the State is obliged to intervene, seeking to maintain the contractual balance against the privileged position that is a party. Under that understanding, the exercise of autonomy is subject to special regulation on the subject issued by the legislator, who representing the State, is responsible for the task of setting the legal regime applicable to them to services public (CP art. 150-23, 365, 367 and 369).
This view had been expressed by the constitutional jurisprudence. Indeed, by Judgement T-197, 2007, the Fifth Review of the Constitutional Court argued that, since public services are inherent to the social purpose of state, which implies that government intervention is needed in this area to regulate relations generated with providing companies and users can not redirect these decisions by the mere exercise of a power of under private law, and has not been provided in the special arrangement of public services. "(quoted in the same sentence)
So, come to close the discussion:
" A From these considerations, the Board concluded that the charges incurred by the public utilities companies can not rely on provisions within the scope exclusive private law of contracts. "(quoted in the same sentence)
Click here to download Case T-197, 2007 of the Constitutional Court.
light of the foregoing, of course with extensive reading of the sentence can understood how it ends analysis:
"9.4. Consequently, for the Court is clear that public utilities companies are not empowered to impose pecuniary penalties for users, or via the exercise of administrative power to impose penalties, nor as a result of exercising a power of those provided in private law, that, through the penalty clauses.
Accordingly, charges will have done by way of penalty leads to a clear and obvious violation of Articles 6, 29 and 210 constitutional, while constituting an abuse of the functions and powers that have been recognized by the law to the public utilities companies, regardless of its legal nature, whether public or private. These actions have led to a violation of due process rights of users, having been imposed absolute ignorance of the principles of law and subject to the principles of legality and criminality, as the conduct, the penalty and the procedure report the exercise of sanctioning powers and service regulation home public, should be contained in the law. "(General Motors: Sent. SU-1010, 2008, Court Const.)
then the Constitutional Court is dedicated to the merits of the custody action to contest the penalties imposed by the public utilities companies (section 9.5), noticing something very important: if a penalty is imposed under an interpretation illegal, there is violation of fundamental rights.
"Consequently, whenever the performance of public utilities companies users face becomes arbitrary and contrary to law, using his position of privilege, the action guardianship would be appropriate as a mechanism of protection of fundamental rights of the user in front of the inefficiency of the ordinary means of legal defense to immediately protect the rights violated.
In the cases under study operated institutions have imposed monetary sanctions of content to users in relation to breach of contract under uniform conditions. Although the majority exercised for review by the institution itself, and in some cases, appeals and complaints to the Superintendent of Public Utilities, the truth is that they were decided under the consideration that the public utilities companies itself is empowered to impose monetary penalties content, a conclusion that, according to the above, is unacceptable.
In this sense, it is clear that the administrative resources at their disposal the plaintiffs are not effective as a mechanism to seek protection of their fundamental rights, since the decider is setting an incorrect interpretation of the ordinance that governs the matter. "(Quoted in the same sentence)
Finally, dedida the Constitutional Court to examine individual cases, to some of which can not fail to mention that many of the tutelantes had missed more than five years to file a claim. Therefore raises the principle of immediacy in the exercise of supervisory action.
"Indeed, despite all the reference records companies have been carrying the invoices based on estimates of average consumption for more than five years, only now the actors express their dissatisfaction with the fact that I have not installed measuring devices without during that time have raised formal complaints to the actions, nor have requested the intervention of the Superintendency of Public Services to require the defendants compliance with the legal obligation estimate breached, putting demonstrated the cavalier attitude and passive actors that have assumed the minimum charges that they are entitled to achieve resolution of the problem.
So that if more than five years, the actors felt violated their fundamental rights or acted diligently to obtain the installation of measuring equipment can not claim now, after a long time that have remained inactive and by bringing an action for amparo, that the guardianship judge removed from their accounts for debt service have actually been consumed. "(quoted in the same sentence) and decides
following:
" Consequently, foregoing shows that the legal problem raised in the files T-1621898 T-1828809 T-1828810, T-T-1828811 and 1836549, should be resolved through ordinary mechanisms of judicial protection, because there is no reason that justifies immediate action by the constitutional court to resolve economic conflicts that have arisen users.
Therefore, since the actions for protection of reference are inappropriate to define the legal problem identified, the Board confirmed the court decisions reviewed. "(Quoted in the same sentence)
In other cases, the constitutional protection orders granted amid various orders (executive suspension, etc.)..
year 2008, there was an important ruling of the State Council, in a lawsuit aimed at obtaining a declaration of nullity of Articles 53 and 54 paragraphs 1 and 2 of Resolution No. 108 of 1997 of the Regulatory Commission Energy and Gas - CREG. Council of State wrote:
"Legal basis of the power companies providing public utilities to impose financial penalties on subscribers and users of services, Decree 1303 of 1989, in this regard, the Board notes: The 1303 Decree 19 June 1989 was issued based on Law 113 of 1928 109 126 1936 and 1938 and indeed contemplated, inter alia, in Article 20, the monetary penalties for unauthorized or fraudulent use of service eléctrico.La Law 113 of November 21, 1928, "On the technical study and use of streams and waterfalls, among other things, referred to the use, by the nation, departments and municipalities, the water power of streams and waterfalls for the purpose of electricity production, setting the exclusive use of such water power of such public entities, this is how the law authorized the Government to contract studies some streams and waterfalls and its possible use for the development of water power, and if they serve to produce electricity for meeting the needs of different regions of the country, authorized to verify the installation of plants appropriate for such services; also declared a public utility use of water power for any object permitted by law and declared the reservation of ownership in favor of the Nation, the use of water power could be developed with the waters that belonged without prejudice to acquired rights, and the use of hydraulic force provided or granted law for public companies or municipal departments before, giving it the possibility of giving the national government to municipalities or departments up to 50 years, the use of water power from its territory. Law 109 of May 11, 1936, "fees and regulations on electric utilities and pipelines at home", spoke to the legalization of operation of companies that find companies that take advantage of water for public use aqueducts service or to produce energy, whose rules and rates should be approved by the Government, so that in no case could not impose conditions or charging fees in excess of the just limits of collective convenience and commercial morality. For his part, Law 126 of October 26, 1938, dealt with "on the supply of electric light and power to municipalities, companies purchase electricity, telephone and water systems and state intervention in the provision of services companies themselves. " The article 1 of the Act, established that the power supply was an essential public service in the establishment, development and financing cooperate Nation, Departments and Municipalities, established likewise, the duty of the Nation and departments to contribute to the construction, expansion or improvement of power plants were established in the municipalities and the forms of cooperation between different authorities, for the establishment of power plants and large hydroelectric plants, as well as the primary pipeline to provide service, through this law, likewise, declared of public utility acquiring the Nation, Departments and Municipalities, businesses of production, transmission and distribution of electric power, telephone and water systems, designed to provide the public service, which would be subject National government control, and deferred to local councils to issue rules to decentralizing power plants in the municipalities. It is clear then that the said decree regulatory lost its validity, left to govern, and therefore, apart from sanctioning powers should be legal origin, the same can not be the legal basis for the alleged sanctioning authority established, as the respondent company, headed by the companies providing public services of electricity. And at this point, the attention of the Board that the CREG establish, in defense of administrative act and the power companies providing public utilities to impose monetary penalties, the existence of Decree 1303 of 1989, when she herself, in MMECREG Concept-1721 September 14, 1998, admitted the inapplicability of the Act by the express repeal of laws regulated. "(State Council, Chamber of Administrative Litigation, Third Section, Chief rapporteur SAAVEDRA RAMIRO BECERRA, Bogotá, D. C, (30) July, two thousand eight (2008), Filing Number: 11001-03 -26-000-2004-00003-00 (26,520), Actor: USERS LEAGUE CORPORATION public services in Barranquilla, Respondent: NATION - ENERGY REGULATORY COMMISSION AND GAS CREG)
This entry was posted on Tuesday, June 30th, 2009 at 4:37 pm and appears Protection Action, Colombia, regulatory commissions, consumer law, constitutional rights, consumer rights, providing companies against the CP, Faculty regulations, Government , Jurisprudence, Administrative Procedures, Communications Sector, Residential Services, Utilities, Public Services, Superintendent of Public Services, regulatory theory. You can follow any responses to this entry through RSS 2.0. Both comments and pings are closed. Taken from ARKHAIOS
XXI Century Law www.arkhaios.com
The power to impose penalties on utilities public
A frequent question is whether the companies providing public services (ESP in the language of the law 142 of 1994) may impose sanctions on its users or subscribers. In some cases this possibility has been accepted (as in Case T-270 of 2004 of the Constitutional Court) while others were rejected (as in Case T-561, 2006). Much of the discussion has to do with the provisions of the Constitution of Colombia:
"Article 369, CP .- The law shall determine the duties and rights of users, the system of protection and forms of participation in the management and control of state enterprises that provide the service. Another define the participation of the municipalities or their representatives, agencies and enterprises that provide public services. "
Therefore, in 2008 the Constitutional Court finally addressed the issue in a sentence of unification: SU-1010 of that year. The discussion arises from the following situation:
"Through coaching processes under study, the various actors, in their capacity as users of public services provided by the defendants, seeking protection their rights to due process and the defense, allegedly violated by these companies, due to various irregularities in the incurred within the administrative process of technical review and forward them culminating in the imposition of penalties. Leaving aside the minor defects mentioned in the various lawsuits, the point of constitutional significance lies in the accusation that match all the actors, who question the ability of the companies providing public utilities to impose penalties under the consideration that it is not explicitly provided for by law and therefore could not be exercised by such companies. Operated institutions rejected the accusation saying the punitive process that took the lead against the actors originated the failure of these standard conditions of contract, having subjected the records to the procedure established by law and the respective contract. Regarding the latter said that according to the law, they do have the authority to impose fines when there is a breach of the standard conditions by the subscriber or user. "(Sent. SU-1010, 2008, Court Const .)
This leads to propose the following:
"having regard to the factual circumstances of the case, it is up to the Court at this time is whether the public utilities companies are either not empowered to impose financial penalties users when they violate the uniform performance contract.
To resolve the legal problem raised, the Board will refer to the following issues: (i) conceptual approach and the constitutional system of public services, (ii) statutory public utility services, (iii) a contract for public services (iv) the sanctioning authority of government, (v) the powers of the public utilities companies in relation to breach of contract under uniform conditions, (vi) constitutional jurisprudence on the power of public utilities companies to impose such sanctions pecuniary and, finally, (vii) shall consolidate the position of the Corporation as to whether the public utilities companies have power or not punitive.
This will allow the Court to solve the legal problem raised and make the analysis of issues under review. "(General Motors)
After a theoretical review of the constitutional aspects of public services, then goes on to review the Act 142 of 1994 "By which establishes the regime for public services and for other purposes", he later concentrated in the public services contract. He becomes a first conclusion:
"As mentioned, the legal relationship that arises between you and the public utilities companies are also legal and regulatory nature. This means that is driven by public law, the mandatory compliance designed to ensure quality and efficient delivery of services and ensure implementation, effectiveness and protection of the rights of users, without involving the relationship exclude the application of private law rules in respect of matters not regulated by law. " (Quoted in the same sentence)
However, the analysis, which should lead to the study the sanctioning power of the ESP, stops, and concentrated as a preamble to the sanctioning authority of the Body, which states inter alia:
"6.2. However, the exercise of sanctioning powers of the state referred to set of skills that enable different agencies to impose penalties of varying legal status, "is subject to the rules of due process. In this way, whenever the Administration intends to deploy such powers of sanctioning within the orbit of its powers is necessary for the procedure through which channel the exercise of such authority to respect constitutional guarantees of due process. " (Quoted in the same sentence)
then mentioned the importance of the principle of legality, as a precondition of that power:
"The rule of law as a fundamental pillar of governance, usually implies that" there is power, function or act to develop public servants is not specified, defined or established expressly, clearly and precisely in the law ", which is being under section 6 of the Constitution, under which authorities are responsible, not only for breaking the Constitution and laws, but also for the excess in the exercise of his functions. " (Quoted in the same sentence)
then and developed an interesting test of that principle leads to reflection on the possibility that this power may be exercised by individuals.
"Thus, the fact that administrative power penalty constitutes an instrument of achieving the goals that the letter attributed to these authorities, is precisely what justifies the possibility that she will be assigned to individuals who exercise administrative functions. Without But inasmuch as the fact that the individual exercises an authority to that effect comes from nature not only of the fact that it has been authorized by law to exercise certain public functions, this event is a need for greater specificity as legislative the possibility of exercising power in this regard and in relation to the determination of the structural elements of the offense, the penalty itself and the procedure to follow, since it is a strange power to the nature of the individual and In this sense, responding to a specific purpose: the achievement of the objectives of public administration. "(quoted in the same sentence)
With the framework proposed above, is now entering the Court to consider sanctioning powers of ESP, first with respect to the suspension of public residential arising from failure to pay the invoices after the right to make the service elcobro consumed and not checked and after charging interest on balances past due chelae users timely canceled, all powers that are in the law.
Then comes the Constitutional Court to consider whether the ESPs have the power to impose financial penalties on users against breach of the playing field. First recognized the existence of opposing views on the case and examines the jurisprudential evolution of matter (see the whole paragraph 8 of the above) and finally addressing the issue, raised the issue this way:
"9.3. In this context and in consideration of the arguments for the actions, the Board finds necessary to determine whether companies public utilities are able to impose the payment of sums of money over the cost of services for the financial penalty, either (i) as an exercise of administrative power to impose penalties of pecuniary or (ii) the way that it is the requirement of a penal clause under private law. "(quoted in the same sentence)
be seen in some time later:
" To answer this question, must be remembered that our legal system that the legislature may grant administrative authorities both as individuals performing public functions the power to impose sanctions. In this scenario, it is true that the authority determines that the public utilities companies, whether official or private nature, to punish conduct that affects the ability to ensure that all inhabitants of the country efficient service delivery and in Consequently, achieving the social objective of the State in this matter.
But, as noted, the possibility of granting this right only at the head of the legislature. Indeed, the requirement of law, founding principle of the exercise of administrative power to impose penalties, it implies that only he can establish the existence of this prerogative; addition, it is because that, by express constitutional provision, the regulation of public utilities is a matter which is reserved for the legislature, which it is intended that this is the result of a process of democratic deliberation, public, open and pluralistic participation allowing society as an expression of democratic principle. "(quoted in the same sentence)
therefore not delay in stating:
" Indeed, that statute, either expressly or impliedly, the legislator recognizes powers utilities home public to impose penalties, on account of breach of contract, and therefore not regulated a procedure to exercise that power. Therefore, Act 142 of 1994 does not show the responsibility of the utilities to impose financial penalties on users. "(Quoted in the same sentence)
Constitutional Court warns that the ESP have based its punitive power generic text-Law 142 of 1994 (Articles 140 and 142), but such standards are not sufficient.
"Such a conclusion would be unacceptable and inadmissible because it would constitute a clear infringement of the requirement of law, and specifically the principle typicality, which the legislature imposed the burden, not only have to acknowledge the power to punish, but also pointing out the conduct constituting infringement, the penalties and the procedure to be followed for its imposition, these aspects can not be left to the discretion or the definition of administrative authority.
In connection with this case, it must be remembered that the constitutional jurisprudence has been emphatic in stressing the importance of ensuring respect for human rights and fundamental guarantees of the users of public services, work by express constitutional provision it has to bear in First, the legislature by way of regulation. In this sense, if the legislature deems it necessary to grant certain powers in sanction to the public utilities companies, it was imperative that expressly established the key elements that lead to his tenure as a mechanism to ensure the protection of the rights of users. "(quoted in the same sentence) indicates
Later a precedent on this particular point is in the sentence C-1123, 2004 where in fact it was stated that such items could not derive any punitive power, and recalls that in 1151, 2007 law itself that power is specifically included, but such a rule was declared unconstitutional by any party other than the development plan, which was the subject of the law. It complements the theme well:
"The position previously exposed, is shared by the Council of State who, in a recent statement, said that only the legislature, in an exclusive and exclusionary, has the power to define what authorities can exercise punitive powers and how they should. Indeed, in a Judgement of July 30, 2008, the Third Section of the State Council decided to put forward simple nullity action against Article 54 of Resolution No. 108 of 1997, issued by the Energy Regulatory Commission and Gas , which established the right of the public utilities companies for financial penalties to users. In that Order is declared invalid mentioned standard under the consideration that the power to impose financial penalties on users and subscribers, while exercise of sanctioning powers should be legal origin. "(quoted in the same sentence) and ends
:
" In conclusion the public utilities companies have no right to impose pecuniary penalties for users, because the legislature has not empowered to do so. In this sense, the imposition of fees in that capacity has led to a violation of due process rights of users and subscribers, by ignoring the requirement of law principles, legality and criminality, in conduct, penalties and procedure report the exercise of sanctioning powers and the regulation of public utilities, should be contained in the law. "(quoted in the same sentence)
Interestingly, the Constitutional Court does not pass to the problem of freedom of contract that could shelter to the ESP in the contract of uniform conditions, a matter addressed as follows:
"It is undisputed that, under the assumption of autonomy can be expected in a contract that is part of the Administration can agree on the penalty. However, for the public services contract, because such services relating to social order and jeopardize state best interests of the community, the State is obliged to intervene, seeking to maintain the contractual balance against the privileged position that is a party. Under that understanding, the exercise of autonomy is subject to special regulation on the subject issued by the legislator, who representing the State, is responsible for the task of setting the legal regime applicable to them to services public (CP art. 150-23, 365, 367 and 369).
This view had been expressed by the constitutional jurisprudence. Indeed, by Judgement T-197, 2007, the Fifth Review of the Constitutional Court argued that, since public services are inherent to the social purpose of state, which implies that government intervention is needed in this area to regulate relations generated with providing companies and users can not redirect these decisions by the mere exercise of a power of under private law, and has not been provided in the special arrangement of public services. "(quoted in the same sentence)
So, come to close the discussion:
" A From these considerations, the Board concluded that the charges incurred by the public utilities companies can not rely on provisions within the scope exclusive private law of contracts. "(quoted in the same sentence)
Click here to download Case T-197, 2007 of the Constitutional Court.
light of the foregoing, of course with extensive reading of the sentence can understood how it ends analysis:
"9.4. Consequently, for the Court is clear that public utilities companies are not empowered to impose pecuniary penalties for users, or via the exercise of administrative power to impose penalties, nor as a result of exercising a power of those provided in private law, that, through the penalty clauses.
Accordingly, charges will have done by way of penalty leads to a clear and obvious violation of Articles 6, 29 and 210 constitutional, while constituting an abuse of the functions and powers that have been recognized by the law to the public utilities companies, regardless of its legal nature, whether public or private. These actions have led to a violation of due process rights of users, having been imposed absolute ignorance of the principles of law and subject to the principles of legality and criminality, as the conduct, the penalty and the procedure report the exercise of sanctioning powers and service regulation home public, should be contained in the law. "(General Motors: Sent. SU-1010, 2008, Court Const.)
then the Constitutional Court is dedicated to the merits of the custody action to contest the penalties imposed by the public utilities companies (section 9.5), noticing something very important: if a penalty is imposed under an interpretation illegal, there is violation of fundamental rights.
"Consequently, whenever the performance of public utilities companies users face becomes arbitrary and contrary to law, using his position of privilege, the action guardianship would be appropriate as a mechanism of protection of fundamental rights of the user in front of the inefficiency of the ordinary means of legal defense to immediately protect the rights violated.
In the cases under study operated institutions have imposed monetary sanctions of content to users in relation to breach of contract under uniform conditions. Although the majority exercised for review by the institution itself, and in some cases, appeals and complaints to the Superintendent of Public Utilities, the truth is that they were decided under the consideration that the public utilities companies itself is empowered to impose monetary penalties content, a conclusion that, according to the above, is unacceptable.
In this sense, it is clear that the administrative resources at their disposal the plaintiffs are not effective as a mechanism to seek protection of their fundamental rights, since the decider is setting an incorrect interpretation of the ordinance that governs the matter. "(Quoted in the same sentence)
Finally, dedida the Constitutional Court to examine individual cases, to some of which can not fail to mention that many of the tutelantes had missed more than five years to file a claim. Therefore raises the principle of immediacy in the exercise of supervisory action.
"Indeed, despite all the reference records companies have been carrying the invoices based on estimates of average consumption for more than five years, only now the actors express their dissatisfaction with the fact that I have not installed measuring devices without during that time have raised formal complaints to the actions, nor have requested the intervention of the Superintendency of Public Services to require the defendants compliance with the legal obligation estimate breached, putting demonstrated the cavalier attitude and passive actors that have assumed the minimum charges that they are entitled to achieve resolution of the problem.
So that if more than five years, the actors felt violated their fundamental rights or acted diligently to obtain the installation of measuring equipment can not claim now, after a long time that have remained inactive and by bringing an action for amparo, that the guardianship judge removed from their accounts for debt service have actually been consumed. "(quoted in the same sentence) and decides
following:
" Consequently, foregoing shows that the legal problem raised in the files T-1621898 T-1828809 T-1828810, T-T-1828811 and 1836549, should be resolved through ordinary mechanisms of judicial protection, because there is no reason that justifies immediate action by the constitutional court to resolve economic conflicts that have arisen users.
Therefore, since the actions for protection of reference are inappropriate to define the legal problem identified, the Board confirmed the court decisions reviewed. "(Quoted in the same sentence)
In other cases, the constitutional protection orders granted amid various orders (executive suspension, etc.)..
year 2008, there was an important ruling of the State Council, in a lawsuit aimed at obtaining a declaration of nullity of Articles 53 and 54 paragraphs 1 and 2 of Resolution No. 108 of 1997 of the Regulatory Commission Energy and Gas - CREG. Council of State wrote:
"Legal basis of the power companies providing public utilities to impose financial penalties on subscribers and users of services, Decree 1303 of 1989, in this regard, the Board notes: The 1303 Decree 19 June 1989 was issued based on Law 113 of 1928 109 126 1936 and 1938 and indeed contemplated, inter alia, in Article 20, the monetary penalties for unauthorized or fraudulent use of service eléctrico.La Law 113 of November 21, 1928, "On the technical study and use of streams and waterfalls, among other things, referred to the use, by the nation, departments and municipalities, the water power of streams and waterfalls for the purpose of electricity production, setting the exclusive use of such water power of such public entities, this is how the law authorized the Government to contract studies some streams and waterfalls and its possible use for the development of water power, and if they serve to produce electricity for meeting the needs of different regions of the country, authorized to verify the installation of plants appropriate for such services; also declared a public utility use of water power for any object permitted by law and declared the reservation of ownership in favor of the Nation, the use of water power could be developed with the waters that belonged without prejudice to acquired rights, and the use of hydraulic force provided or granted law for public companies or municipal departments before, giving it the possibility of giving the national government to municipalities or departments up to 50 years, the use of water power from its territory. Law 109 of May 11, 1936, "fees and regulations on electric utilities and pipelines at home", spoke to the legalization of operation of companies that find companies that take advantage of water for public use aqueducts service or to produce energy, whose rules and rates should be approved by the Government, so that in no case could not impose conditions or charging fees in excess of the just limits of collective convenience and commercial morality. For his part, Law 126 of October 26, 1938, dealt with "on the supply of electric light and power to municipalities, companies purchase electricity, telephone and water systems and state intervention in the provision of services companies themselves. " The article 1 of the Act, established that the power supply was an essential public service in the establishment, development and financing cooperate Nation, Departments and Municipalities, established likewise, the duty of the Nation and departments to contribute to the construction, expansion or improvement of power plants were established in the municipalities and the forms of cooperation between different authorities, for the establishment of power plants and large hydroelectric plants, as well as the primary pipeline to provide service, through this law, likewise, declared of public utility acquiring the Nation, Departments and Municipalities, businesses of production, transmission and distribution of electric power, telephone and water systems, designed to provide the public service, which would be subject National government control, and deferred to local councils to issue rules to decentralizing power plants in the municipalities. It is clear then that the said decree regulatory lost its validity, left to govern, and therefore, apart from sanctioning powers should be legal origin, the same can not be the legal basis for the alleged sanctioning authority established, as the respondent company, headed by the companies providing public services of electricity. And at this point, the attention of the Board that the CREG establish, in defense of administrative act and the power companies providing public utilities to impose monetary penalties, the existence of Decree 1303 of 1989, when she herself, in MMECREG Concept-1721 September 14, 1998, admitted the inapplicability of the Act by the express repeal of laws regulated. "(State Council, Chamber of Administrative Litigation, Third Section, Chief rapporteur SAAVEDRA RAMIRO BECERRA, Bogotá, D. C, (30) July, two thousand eight (2008), Filing Number: 11001-03 -26-000-2004-00003-00 (26,520), Actor: USERS LEAGUE CORPORATION public services in Barranquilla, Respondent: NATION - ENERGY REGULATORY COMMISSION AND GAS CREG)
This entry was posted on Tuesday, June 30th, 2009 at 4:37 pm and appears Protection Action, Colombia, regulatory commissions, consumer law, constitutional rights, consumer rights, providing companies against the CP, Faculty regulations, Government , Jurisprudence, Administrative Procedures, Communications Sector, Residential Services, Utilities, Public Services, Superintendent of Public Services, regulatory theory. You can follow any responses to this entry through RSS 2.0. Both comments and pings are closed. Taken from ARKHAIOS
XXI Century Law www.arkhaios.com
Saturday, July 18, 2009
Clock President Cb Radio
XIV Congress and new CER
http://www.megaupload.com/?d=2QQSKZWY (121 Mb)
Click on the image redirected to Megaupload. Write the upper right and give the little letters to download. If you have a program to manage discharges (eg Flashget) or Google's Chrome browser is also true, you'll have fewer problems with Internet Explorer if the connection is broken.
After standing the blog several months for reasons already explained, I return to where it used to, and since some colleagues asked me what I write about what seemed last JSRM XIV Congress held in the city of Cartagena, on the one hand it was over from Maria Gonzalez and the other was to see who would now take the reins of the organization, although presence or Jawad.
That at this stage there were two nominations democracy is not wrong or weird, but this must be seen as normal in the world. When a single candidate it is much better, everyone is happy but it's boring. In contrast, when multiple candidates is more fun from the outside, but it is difficult to swim and save clothes watching to see who and who support each other, always trying to win the votes of delegates. Thus it is clear that it is normal to feel petty quarrels between those who support one and another is overt. This is supposed to be forgotten when the count is finished and from there all have to push in the same direction. But what is supposed to what is, sometimes has to take time for that time heals these wounds and resentments.
The end result is well known as he won Presen, and how true!.
The two candidates with M ª José Alarcón, PSOE spokesman in the city of Murcia.
Personally, within which I could not vote (and therefore this does not come I was not me), initially preferred because, without having Jawad why because I do not participate, at least me had called to say she had and told me about their program, and again by chance and without having seen it before (I've seen later) coincided with partner Fran to believe, prior to self-Jawad possibly was a better candidate and had a better program (in which I have helped somewhat, not long after seeing what was left of it sent, but some do). Jawad Thus, no project has failed you so brave you wore, you either campaign has failed in the network (much better in my opinion), or the desire for having done your best. It is simply that two candidates is very difficult to convince many people to change things as they were to how you and your team of you saw.
So, what can we do, from now on have to go all together and above all, something that seems like the whole world has learned, trying to have the highest possible presence. And has already begun, for example in this video of the interview aired on TV Murcia on Wednesday 07/22/1909.
http://www.megaupload.com/?d=2QQSKZWY (121 Mb)
Click on the image redirected to Megaupload. Write the upper right and give the little letters to download. If you have a program to manage discharges (eg Flashget) or Google's Chrome browser is also true, you'll have fewer problems with Internet Explorer if the connection is broken.
And if not, see here
Congress Photo Album of Truth. Not many but hey, who can I look more on Facebook.
Friday, July 17, 2009
Odalys Garcia Titties
blog Forty thousand visits Abanilla
A benefit that I've finished and that the blog has come by himself to the 40,000 visitors to take up this habit was lost. However I have not made this much, because in this time I created another blog dedicated to learning French ( http://manuelfle.blogspot.com ) to see if they gave some points, but nothing, is that courses or by INEM (SEF) are points (and that is the same Administration and Ministry of Education and Training) and if you neglect one, not even the CPR recognized because the Ministry does not send the information on time courts and of course, they are like Thomas, that despite that supposedly according to call the Department automatically send the data they need photocopies of diplomas to believe that they have, and if not, not valued, and not claiming the right place, the weigh themselves when that is later.
Turning to east, 30,000 visits were made when he started in February and came as shortening the time needed to make 10,000 visits since these had taken 4.5 months, if it had followed the arithmetic progression I expected reach 40,000 in mid-May, ie 3.5 months, but since I had to leave this parked to study (and combine work) as to not update the frequency of visits has fallen somewhat, so to reach the 40,000 it has taken 5 ½ months.
Creating blog: August 2007
10,000 visits: 31/3/2008
20,000 hits: 09/17/2008
30,000 visits, 40,000 visits
01/02/2009: 07/17/2009
Hopefully now when you regain normal rhythm and put a few things I have kept following it around as it had become customary. A salute to the stalwarts who have kept hope.
four months ago I updated the blog, and that if the statistics are noticeable, because although they are going to look for other things, is roughly the wave has a downward trend. The reason for this absence has not been one that had been preparing for the competitions that I had to prepare and I've finally managed to overcome many absences after a few parties and miss many events in which he wanted to be.
A benefit that I've finished and that the blog has come by himself to the 40,000 visitors to take up this habit was lost. However I have not made this much, because in this time I created another blog dedicated to learning French ( http://manuelfle.blogspot.com ) to see if they gave some points, but nothing, is that courses or by INEM (SEF) are points (and that is the same Administration and Ministry of Education and Training) and if you neglect one, not even the CPR recognized because the Ministry does not send the information on time courts and of course, they are like Thomas, that despite that supposedly according to call the Department automatically send the data they need photocopies of diplomas to believe that they have, and if not, not valued, and not claiming the right place, the weigh themselves when that is later.
Turning to east, 30,000 visits were made when he started in February and came as shortening the time needed to make 10,000 visits since these had taken 4.5 months, if it had followed the arithmetic progression I expected reach 40,000 in mid-May, ie 3.5 months, but since I had to leave this parked to study (and combine work) as to not update the frequency of visits has fallen somewhat, so to reach the 40,000 it has taken 5 ½ months. Creating blog: August 2007
10,000 visits: 31/3/2008
20,000 hits: 09/17/2008
30,000 visits, 40,000 visits
01/02/2009: 07/17/2009
Hopefully now when you regain normal rhythm and put a few things I have kept following it around as it had become customary. A salute to the stalwarts who have kept hope.
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