ELIMINATION OF BUREAUCRATIC BARRIERS & CROSS-SECTIONAL REGULATORY ANALYSIS
We provide comprehensive advice to different companies on the System for the Elimination of Bureaucratic Barriers and the application of the “Anti-Barrier Law” (Legislative Decree 1256), so that they can eliminate and/or not apply those rules that are illegal or unreasonable and that affect access or permanence in the market, as well as the rules on administrative simplification. For this purpose, we use the referred mechanism granted by Indecopi through the procedure for the elimination of bureaucratic barriers and the additional tools provided by the system:
Assessment of the viability of eliminating bureaucratic barriers: to verify the viability of reporting certain measures contained in different regulations and that may be challenged within a procedure for eliminating bureaucratic barriers.
Advice on filing of requests for precautionary measures: we provide legal advice on filing precautionary measures within a procedure for the elimination of bureaucratic barriers, in order to declare in advance the non-application of the regulation being challenged.
Legal representation in proceedings for the removal of bureaucratic barriers: comprehensive legal advice from the formulation of the measure to be challenged, the legal strategy to be proposed and the execution of the complaint to be filed with Indecopi, the follow-up of the case in the first and second instance, the participation in oral report hearings and all matters related to the proceedings arising from the procedure.
Legal representation in proceedings for the removal of bureaucratic barriers - sanctions: comprehensive legal advice from the formulation of the measure to be challenged, the legal strategy to be proposed and the execution of a complaint regarding a measure contained in a regulation that is being imposed and that is classified as an infringing conduct under the Anti-Barrier Law.
Advice on the use of Prevention Tools to remove Bureaucratic Barriers: advice on the preparation of informative complaints to remove bureaucratic barriers, which allow the client to inform the Commission about illegal and/or unreasonable regulations, so that they can be investigated at first instance.
Advice on the use of Persuasion Tools to remove Bureaucratic Barriers: legal advice on the preparation of legal reports in order to apply the Bureaucratic Barrier Removal Advocacy tool with respect to laws (regulations with the rank and force of law).
Likewise, our practice allows us to offer our clients the service related to Cross-Sectional Analysis of Regulations:
We provide advice and the service of cross-sectional analysis of different regulations in order to include grounds of legality and reasonableness that contribute to a more complete and comprehensive defense within any administrative procedure other than those followed to eliminate bureaucratic barriers, regardless of the sector in which it is found.
