CONTENTIOUS-ADMINISTRATIVE APPEAL
The contentious-administrative appeal is a legal instrument that allows claims against acts of the Public Administration or provisions of a general nature. It is a tool that is used when the administrative administrative proceedings are exhausted because the administrative entity determines the impossibility of continuing with the procedure.
The contentious-administrative appeal is filed when there is a conflict between a citizen and a public administration that causes prejudice or damages legitimate rights or interests of the person. This legal recourse is useful for the court to issue resolutions that put an end to the situation.
When is the contentious-administrative appeal used?
The contentious-administrative appeal is filed when the means offered by the Administration are exhausted and the claims have not been successful. The damages for which the appeal is filed may be caused by actions or resolutions of the Public Administration or by omission of responsibilities. That is to say, it is possible to claim for damages caused by what the Administration entity did or did not do and should have done.
Any individual or legal entity can file a claim when they believe they are or were harmed. It is a tool for citizens to defend their interests.
Types of rulings against a contentious-administrative appeal
The judgment is the final instance of the process that begins with the filing of the appeal. It expresses the decision of the judge or court. Once the appeal has been analyzed, the judge may:
- Declare the contentious-administrative appeal inadmissible.
- Upholding the contentious-administrative appeal. In this case, the judge understands that the claim is admissible and recognizes the error of the public entity. The sentence will correct the action of the Administration.
- Dismiss the contentious-administrative appeal. In this case, the judge understands that the claim is not admissible and recognizes the actions of the Administration.
- The process is also terminated when the interested party abandons the procedure or when the respondent Administration recognizes the reason of the party filing the appeal.
- Likewise, the appeal may be annulled when the parties reach an agreement.
Blog written by Carlos Rodríguez, Attorney at Law
