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The Ordinary Administrative Litigation Procedure

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發表於 2024-3-10 13:04:33 | 顯示全部樓層 |閱讀模式
The ordinary contentious-administrative procedure is that by virtue of which, the contentious-administrative appeal filed to challenge, through judicial means, is processed: (i) The general provisions or the acts that are issued in application thereof. (ii) The acts - express or presumed -, dictated by the Public Administration, that put an end to the administrative procedure, whether definitive or procedural, if the latter decide, directly or indirectly, on the substance of the matter, determine the impossibility If the procedure continues, they give rise to defenselessness or cause irreparable damage to legitimate rights or interests. (iii) The inactivity of the Public Administration or the way in which it is incurred. However, acts that are a reproduction of previous, definitive and firm ones, as well as confirmatory acts that have been consented to because they have not been appealed in a timely manner, are excluded from contentious-administrative appeals.

II. Regulation The ordinary contentious-administrative procedure is regulated in Title IV of Law /, of July , regulating the Contentious-Administrative Jurisdiction (hereinafter, the LJCA). III. Application for the Cell Phone Number List ordinary contentious-administrative procedure In accordance with articles and of the LJCA, in order for an individual to challenge an administrative act through judicial means, they must: (i) On the one hand, be assisted by a Lawyer and, if desired, represented by a Solicitor, in the event that the contentious-administrative appeal is filed in a single-person body. (ii) On the other hand, if the actions are carried out before a collegiate body, you must, in any case, be represented and assisted by a Solicitor and a Lawyer. If a defect is noted in the application, a period of ten days must be granted for its correction, in accordance with the provisions of article of the LJCA.



However, in the event that said term elapses, without accreditation of representation or attendance having been presented, the Judge or Court may order the proceedings to be archived. IV. Beginning of the ordinary contentious-administrative procedure The ordinary contentious-administrative procedure begins with the filing document , which is characterized by being very succinct. Through it, the actor must specify and prove the following: (i) Documentation that proves your representation. (ii) The documentation that proves the appellant's active standing to file the contentious-administrative appeal, when it is held as a consequence of an inheritance or other title. (iii) The copy of the act, provision, action or inactivity that you intend to challenge. (iv) That pertinent documentation that proves compliance with the legal requirements for legal entities, when they want to take legal action. In fine, it must be requested that the contentious-administrative appeal be filed. The period for filing the contentious-administrative appeal will be two months from the day following the day of publication or notification of the act that is intended to be challenged, or in which it must be understood to have been rejected due to negative administrative silence.


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