Appeals against contentious – administrative sentences

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The objective of this article is to study the challenge system in the contentious-administrative process. Within it, we find the so-called appeals in the strict sense, which include those established against the resolutions of the Judicial Secretary, up to cassation appeals for resolution by our Supreme Court. Likewise, the study of the challenge system in the contentious-administrative order also requires the analysis of other challenge means that come to complete or make up for the insufficiencies of the resources against contentious-administrative sentences , such as incidents of nullity of actions and the review of sentences. II. Concept of appeals against contentious-administrative sentences The appeal is the procedural act of a party that, faced with a contestable resolution, urges the action of the law in its favor. That is to say, appeals are those acts of a party that are aimed at questioning the legality of a specific non-final judicial resolution, seeking its revocation and the replacement of its ruling with another more favorable for the appellant, and all of this within.

They are directed against a specific resolution. As we will analyze later, this resolution can be definitive or provisional, coming from the same or a different body that must resolve the appeal. (iii) The contested resolution must come from a judicial body. (iv) For said resolutions to be challenged through procedural appeals, they must be framed Cell Phone Number List within a judicial process, that is, they must not have been issued in the exercise of governmental functions, which must essentially be appealed through court means. administrative. (v) The resolution being challenged must not be final and, therefore, susceptible to a new ruling. (vi) The object of the appeal must be the challenge and revocation of the appealed resolution, which excludes all other actions on the part of the party that may be focused on the rectification or clarification of some aspect of the sentence, and that do not per se imply a alteration of the decision. (vii) The filing of appeals against contentious administrative sentences means that the judicial resolution in question is detrimental to the appellant.


Non-autonomous nature of the resource. That is, the appeal must be inserted within the process in which the resolution is issued, forming another phase of it. III. The appeal for reconsideration against orders and rulings This is one of the appeals against contentious-administrative sentences analyzed below. The appeal for reconsideration, previously known as a supplication appeal, is filed against orders and rulings that are not susceptible to appeal or cassation. It can be defined as the ordinary appeal that is resolved in the same instance in which the contested resolution was issued. This is an ordinary and non-refundable appeal whose purpose is to obtain the revocation of the contested resolution, correcting any possible irregularities that may have been committed during its processing. And for reasons of procedural economy, the person who must correct the irregularities committed in the process is the same body to which they are attributed. In this sense, it is worth making a small clarification related to the internal distribution of powers of the body, since, unlike what happens with the replacement of decrees and proceedings of the Lawyer of the Administration of Justice (LAG), the jurisdiction to hear This resource is attributed to the head of the body, that is, to the Judge or Magistrate thereof. Likewise, this appeal may be filed by any subject who has the legitimacy to appear as a party in the process.