The mechanism of the recusal is configured as the right of those interested in the administrative procedure to request the setting aside of the defendant for the same reasons for which he should have abstained.

It should be noted that the right to challenge and the duty to abstain, despite sharing with the incompatibility regime the purpose of preserving impartiality in the exercise of public functions (preventive tools), differ from that regime in the fact that they operate in the plan of a specific decision procedure.