Procedure Barriers to Eliminate Bureaucratic Barriers to Market Access. A Review of the Model in Peruvian Law Las barreras del procedimiento de eliminación de barreras burocráticas para acceder al mercado. Una revisión del modelo de control administrativo

Abstract

The procedure for eliminating bureaucratic barriers in the Public Administration is an internal control mechanism that allows an administrative agency to review acts and regulations of other public entities and bodies. Its objective is to remove obstacles to market access or permanence of economic agents, and to attain administrative simplification goals. Despite its clear purpose of public interest, the procedure was designed in a way that the complainant who wants to report regulations or administrative acts that creates market barriers has to overcome a series of obstacles for his grievance to even be considered. In other words, it overlooks the fact that the complainant is a collaborator of the Administration in charge of removing those barriers. Therefore, this paper proposes a review of the model, taking into account the role of the complainant and the duties of the competition law agency.