Administrative Litigation: Claims and Court Actions
Administrative Litigation: Key Questions and Answers
Prior Claims and Judicial Actions
Deadline for Filing Labor Action Before the Courts
8. What is the deadline for filing the relevant action before the labor courts after a prior application?
There is no time limit for bringing a claim for which, equally, no effect will arise if the resolution is denied and the worker does not submit an application to the competent authority within 2 months of notification, unless the actions arise from dismissal.
Administrative Litigation Court Jurisdiction
9. What is meant by the Administrative Public purpose of the Administrative Litigation Law court of jurisdiction?
- General Administration of the State
- Autonomous Community Administration
- Local Authorities, etc.
Supreme Court’s Role in Administrative Jurisdiction
11. Is the Board of the Supreme Court the 2nd judicial body of the Jurisdiction Contentious-Administrative?
It belongs to the Criminal division.
Appealing a Ministerial Order
12. Can you give a Ministerial Order appealed to the Administrative Jurisdiction? Is it reasonable?
A Ministerial Order includes both administrative acts and general provisions. Therefore, an application for judicial support can be made in relation to the general provisions and explicit acts that conclude the proceedings. A breach of the order can also be brought to the administrative jurisdiction.
Expectations with an Application for Administration
13. What can you expect with an application for administration?
The applicant may claim that the declaration fails to comply with the law and, where appropriate, request the annulment of acts and regulations that are challenged.
When the action concerns the inactivity of the Public Administration, the applicant may claim that the authority orders the jurisdictional Business Administration to meet their obligations.
If the appeal is to track action that constitutes a fact, the plaintiff may seek to have it declared unlawful and to order the cessation of such action, being able to claim damages.
Hearing Requirement in Administrative Proceedings
14. Is the holding of a hearing required in administrative proceedings?
No, parties can apply to hold a hearing, present exhibits, present conclusions, or request that the lawsuit be declared conclusive, but it is not required.
Court Decisions in Judicial Enforcement
15. What decisions can a court issue in its ruling for judicial enforcement?
- Inadmissible, in the cases specified by the Law on Contentious-Administrative Jurisdiction (LJCA).
- Dismissal of appeal where the act, action, or suit challenged complies with the provision in law.
- Resource estimate when the act, action, or disposition incurred in any form of violation of law.
ITEM: 11 (Challenge)
Types of Prior Claims
Listing Prior Claims
1. What kinds of claims prior to the exercise of judicial actions are there? List them.
- Claim prior to the civil courts
- Claim prior to the judicial work
Effect of Prior Claim on Statute of Limitations
2. What effect does a prior claim have on the statute of limitations? Explain.
Once the claim is raised, it will interrupt the limits for the exercise of judicial actions, which will begin to run again from the date on which express notification of the decision is practiced or, in any case, since it is considered dismissed due to the passage of time.
Effects on Limitation Periods
3. What effects does a prior claim have on limitation periods?
Once it has expired and there is no deadline, there is no possibility for claiming.
Submission of Prior Application
4. Where is the letter submitted under which a prior application starts?
To the competent organ of the concerned Public Administration.
Competent Authority for Civil Claims
5. What is competent to deal with claims prior to the civil courts?
In the General Business Administration of the State, it will be filed with the Ministry or Department, based on the subject matter of the claim’s jurisdiction.
In other public administrations, the rules governing this competition will need to be consulted.
Administrative Resolution Time for Prior Claims
6. How long does the Administration have to settle previous claims before they are considered dismissed under administrative silence?
For a complaint before the civil courts, they have a period of 3 months, whereas, for a prior application to the judicial work, it is 1 month.
Competent Authority for Labor Litigation Claims
7. What is competent to deal with claims prior to litigation work?
The complaint should be addressed to the Chief Administrative Director or the establishment or organization where the employee provides services.