Bibliographic citations
Dávila, D., (2012). Efectos jurídicos de la normatividad existente que restringe el derecho fundamental de la participación ciudadana, en el Consejo de Coordinación Regional de Cajamarca [Tesis, Universidad Privada del Norte]. https://hdl.handle.net/11537/79
Dávila, D., Efectos jurídicos de la normatividad existente que restringe el derecho fundamental de la participación ciudadana, en el Consejo de Coordinación Regional de Cajamarca [Tesis]. PE: Universidad Privada del Norte; 2012. https://hdl.handle.net/11537/79
@misc{sunedu/3039383,
title = "Efectos jurídicos de la normatividad existente que restringe el derecho fundamental de la participación ciudadana, en el Consejo de Coordinación Regional de Cajamarca",
author = "Dávila Elguera, Dáel Carlos",
publisher = "Universidad Privada del Norte",
year = "2012"
}
ABSTRACT The right to public participation is constitutionally enshrined in articles 2, paragraph 19, and 31 of our constitution. Both give rise to our entire democratic system in which representative democracy assumes the leadership of the nation, while participatory democracy contributes to good governance and legitimacy of governments. In 2002 starts the constitutional reform on the territorial organization of the nation and first joined the participatory component between government agents and members of society. One of these spaces is the Regional Coordinating Council, which groups the President Regional, Provincial Mayors and members of civil society so that in concert to approve the participatory budget and issue an opinion on topics of interest. For the first time legalized a space from which to exercise the right to citizen participation from participatory democracy. As a starting point of the research problem of this thesis, we found that the number of organizations who apply each term to form the CCR has been decreasing steadily and considerably, which may have different reasons but from the fundamental right to participate citizen call attention the possibility of studying those legal requirements that prevent civil society organizations participate in the nomination process of the Regional Coordinating Council. So it was a central concern of research to know what the legal effect of the existing legislation that restricts the fundamental right of citizen participation in the Regional Coordinating Council of Cajamarca. In that sense, was proposed as general objective to know the legal effect in question, for which specific objectives would be to analyze the regulations that restrict the registration of social organizations in the application process to form the Regional Coordinating Council, to know the number of social organizations that could register at the Regional Coordinating Council application process for not meeting legal requirements and analyze the involvement of the fundamental right to participation through participatory democracy. Likewise, the research hypothesis was that the legal effects in the existing legislation in the organic law establishing regional government legal requirements for social organizations to participate in the Regional Coordinating Council, is a legal barrier that affects the fundamental right to involvement in participatory democracy. It is important to study this thesis and that Cajamarca has a rich history of citizen participation, the first department in 1990 where born the Roundtables for the Fight Against Poverty. As a result of the research are reflected extensively on the constitutional right to public participation which is regulated in Article 191 of the Constitution and grants powers in this matter to the Regional Governments through the Basic Law of decentralization without But the law of Regional Governments requirements codified social organizations wishing to apply to the Regional Coordinating Council must meet, which are to be registered in public records and prove three years of existence. This thesis has been widely studied both requirements and has been listed organizations that could not be part of the application process by not having one of the legal requirements. As a result, one finds that in all years of the Regional Coordinating Council 28% of organizations who applied were not accepted. From which are already legal sweep affecting a constitutional right to public participation. The legal effects that bring these legal barriers is the involvement of the constitutional right of citizens to participate in public affairs of the nation, the right to forms of cultural identity and the right to legal form of association, since the requirements in the Law of Regional Governments considered homogeneous and the same organizational dynamics to the entire civil society, but in Cajamarca, there are youth organizations, labor unions, agricultural, indigenous and rural communities that do not follow the organizational dynamics and have different ways of organizing , these being the least have been accepted to apply for the Regional Coordinating Council of Cajamarca. This significantly affects the nation's democratic regime and does not contribute to the governance of the country, or establish a strong democracy that creates understanding and dialogue so necessary today. With the above results has proved the hypothesis, however it was considered a step further to propositional level to contribute to the legal community and the best performance of democracy. In that sense, the Constitution is a source of rules set different levels for laws to be issued from different actors involved. The Law of Regional Governments, which encodes the legal barriers that have been studied in this thesis has been enacted by the Congress of the Republic, so that a modification or elimination of these legal barriers require an amendment to the Act in question however, the Regional Council could regulate Cajamarca around citizen participation because it is an exclusive competence of regional governments, which would not conflict with the principle of hierarchy in the extent that it does not collide with greater powers of agencies hierarchy and since the participation and consultation is a competence of the regional governments under Chapter IV of the basic law of decentralization and Article 191 of the Constitution, they could regulate about citizen participation. Finally, we have drafted a proposed ordinance expected to contribute to regional democracy and governance in our society.
This item is licensed under a Creative Commons License