MUNICIPAL LAW

Advice and representation in relation to the administrative function, formal and material conduct of the territorially decentralized public entities par excellence, the Municipalities, Municipal Councils and District Municipal Councils.

Such entities are pillar and support in a democratic, constitutional and legal state such as the Costa Rican, but being so diverse and particular its organization and internal structure, the broad applicable regulations and its general procedures, it must have the legal depth to face and provide the best possible service in this particular area of law, and our group of specialists are up to such honorable legal challenge, ready to find the solutions that best fit the requirements of our clients.

In this very important subject, in relation to the range of services in Municipal Law offered by Arista Legal, through its group of specialized professionals, we must bring up that the legal regime applicable to the municipal entities is derived from the same Political Constitution of Costa Rica, from its article 168 to 175, where broad and deep topics are developed, but nevertheless, at this time it is of interest to note the degree of autonomy of constitutional rank that maintains the municipal corporations.

Thus, Article 170 of our Political Constitution indicates the following: “… (…) The municipal corporations are autonomous (…). -…”. – Now, with this normative clarification, there can be no doubt about the complex task of understanding a territorially decentralized entity, with a degree of constitutional autonomy, to which we must add a particular condition called “diarchy”, a concept that, according to the dictionary of the Royal Spanish Academy, in its two meanings, establishes: “… 1. f. Simultaneous rule by two kings. 2. f. Authority divided and exercised simultaneously between two persons, two institutions or two powers. -…”. – The foregoing refers in application to the subject being developed that, in a Municipality, we have two figures of authority, the Mayor and the Municipal Council.

In conclusion, the decision that a person or a company can make is to be able to look for a professional who can provide a comprehensive and specialized knowledge in Municipal Law, a service that we at Arista Legal are able and willing to provide.

ARISTA OFFERS THE FOLLOWING SERVICES:

• Advice on two-phase Improper Hierarchy issues.
• Advice on the five non-hierarchical controls in force over municipal entities, namely: 1) The Third Section of the Civil and Administrative Court of the Treasury. 2) Labor Courts. 3) The Office of the Comptroller General of the Republic. 4) The Administrative Tax Court. 5) The Ministry of Environment and Energy.
• Attention to the Municipal Administrative Procedures, in all its stages.
• Counseling regarding the legal conformation of the internal and external Steering Body appointed for this purpose to direct the preliminary investigation stage, as well as the development of the oral and private hearing, until the issuance of the final recommendation to the Decision-Making Body. 
• Administrative and Civil Judicial Process of the Treasury, in the event that a formal or material conduct of the municipal entity must be reviewed.
• Constitutional remedies.
• Summaries or appeals for the protection of legality in the contentious-administrative and civil finance jurisdiction, due to unjustified delays in resolving management issues that do not comply with legally established deadlines.
• Study, processing and obtaining of licenses and municipal authorizations. 
• Legal advice and support in the processing of appeals (ordinary and extraordinary appeals) against the formal conduct of the departments and the Mayor’s Office as well as against the resolutions of the Municipal and District Councils: Recourse of revocation, appeal in subsidy, concomitant incidents of nullity and extraordinary review procedure.
• Advising on issues related to the processing of the Mayor’s Veto. 
• Exhaustion of administrative remedies before the Third Section of the Contentious-Administrative and Civil Tax Court.
• Advice, construction, elaboration and drafting of bylaws and municipal regulations.
• Advice on municipal tax matters.
• Advice on municipal public employment matters. 
• Advice on Maritime Terrestrial Zone matters.
• Advice on Regulatory Plans.
• Advice on Cemetery Regulations.
• Advice in the area of development and construction and its municipal procedures.
• Advice on municipal urban planning matters. 
• Advice on municipal environmental matters. 
• Advice on Municipal Strengthening Management.
• Advice on Municipal Administrative Liability issues. 
• Execution of firm and favorable acts at the municipal level. 
• Enforcement of final and favorable acts in the contentious-administrative jurisdiction, when the municipal entity omits its obligation to recognize and enforce.
• Topics of Municipal Finance and its administrative procedures.
• Advice on the correct processing of administrative silences.
•  Advice on real estate taxes.
• Advice on municipal Patent taxes.
• Advice on prevention of excessive requirements for citizens.