Post by account_disabled on Mar 4, 2024 7:01:09 GMT -5
The chances of receiving prior information about operations, before the cargo arrives, also allow for quick and early dispatch, as is already foreseen among us, in water and advance dispatch for air cargo. Customs clearance, as an administrative act, and dispatch as an administrative procedure are subject to "control of their conformity to the legal dictates to which they are subject", both to the "universal union of the State's administrative acts before the jurisdiction" , resulting from article 5 , item , of CF/88, regarding self-protection by the public administration, in testing the legality of its own acts [19] . It is worth highlighting two observations. Firstly, the fear of many stakeholders of taking legal action against the customs administration is unfounded and must be combated. This is a constitutional, legitimate prerogative and is available to those who feel harmed and their rights are violated during customs clearance.
Two: in the analysis of customs clearance, the strong presence of administrative law emerges with its fully applicable principles and institutes, especially regarding customs inspection activity. The autonomy of customs law is indisputable, however, for its proper understanding and application, the operator needs to know the intersecting subsystems, with emphasis on administrative and tax, which are very present in the customs field. Returning to Barreira's lessons [20] , we gather the synthesis: customs EL Salvador Mobile Number List clearance is the " soul of the operative activity" of customs . The author recognizes it as a "constitutive procedure", with characteristics similar to those of voluntary jurisdiction. It highlights the duty of collaboration of those involved in generating the administrative act of interest and their role in demonstrating that the merchandise meets the conditions set out in law to obtain authorization for the regime or intended destination.
José Rijo [21] , before the CAU, discusses the various customs declarations, highlighting the possibility of simplified declarations , subject to subsequent complementary declarations (articles 166 and 167, CAU). Despite the various declarations provided for in national legislation (consumption, admission, simplified dispatch, advance dispatch, transit, etc.), we have not yet adopted the European model. This is, in general, a benefit granted to authorized economic operators who already enjoy a greater degree of reliability. They can offer declarations with the minimum amount of information to remove their goods from the customs area more quickly, promoting the complement, with the other necessary for customs control, at a later time.
Two: in the analysis of customs clearance, the strong presence of administrative law emerges with its fully applicable principles and institutes, especially regarding customs inspection activity. The autonomy of customs law is indisputable, however, for its proper understanding and application, the operator needs to know the intersecting subsystems, with emphasis on administrative and tax, which are very present in the customs field. Returning to Barreira's lessons [20] , we gather the synthesis: customs EL Salvador Mobile Number List clearance is the " soul of the operative activity" of customs . The author recognizes it as a "constitutive procedure", with characteristics similar to those of voluntary jurisdiction. It highlights the duty of collaboration of those involved in generating the administrative act of interest and their role in demonstrating that the merchandise meets the conditions set out in law to obtain authorization for the regime or intended destination.
José Rijo [21] , before the CAU, discusses the various customs declarations, highlighting the possibility of simplified declarations , subject to subsequent complementary declarations (articles 166 and 167, CAU). Despite the various declarations provided for in national legislation (consumption, admission, simplified dispatch, advance dispatch, transit, etc.), we have not yet adopted the European model. This is, in general, a benefit granted to authorized economic operators who already enjoy a greater degree of reliability. They can offer declarations with the minimum amount of information to remove their goods from the customs area more quickly, promoting the complement, with the other necessary for customs control, at a later time.