This contentious-administrative action is the instrument intended to initiate a process in the administrative jurisdiction, that is, to have a lawsuit with the Public Administration.
This legal instrument allows a natural or legal person to go to court to decide on the challenge of public decisions of the Public Administration. If a person does not agree with certain resolutions, norms or with the inactivity or delay of the Administration, they can file a contentious-administrative action for a judge to resolve the controversy.
The exercise of filing this action is a fundamental right that safeguards access to the courts in the contentious-administrative jurisdiction.
Although this action goes before the Public Administrations, and the judges are part of this administration, they act impartially and in accordance with the law.
Characteristics of the contentious-administrative action
The main characteristics of contentious actions are:
- They can be filed by natural or legal persons.
- The action can only be directed against the Public Administration.
- Citizens can challenge decisions or inactivity. This inactivity can be understood as administrative silence.
- Only those actions considered contentious-administrative may be filed in this contentious process.
- It works as a procedural impulse, at the beginning of the judicial process.
- This action is different from the administrative action, which is not brought before the courts but is claimed before the same body of the Public Administration.
- The claims of these actions can only be based on administrative law.
- These actions have a term, that is, if the citizen does not file the same within a certain term, he will no longer be able to appeal to the Public Administration. The term varies if express or presumed acts are appealed.
- These actions can lead to recourse against administrative offenses. These offenses are those conducts classified by the administrative code as conducts contrary to public order and legality.
- Finally, what the judge has to decide is whether there has been any violation of the subjective right of the citizen or administered.
- In contentious jurisdiction, a lawyer is not necessary, but a lawyer is necessary.
What are the matters of this contentious administrative procedure?
This action seeks to initiate a contentious-administrative judicial procedure. But what topics can be covered?
- Procedures on construction and urban planning. For example, if the certificate of occupancy is denied, this action may be brought. Also a declaration of ruin.
- Obligation of conservation or reform works.
- Administrative offenses and penalties. For example, claim an infraction for hunting in a place that is not a restricted place for it.
- Problems of workers for the Public Administration.
- Tax law.