A contentious-administrative lawyer offers defense in legal proceedings brought against a general provision. As well as against a presumed or express act carried out by any public administration body, whether local, regional or central, which has been dictated putting an end to administrative proceedings.
The contentious-administrative appeal can be used against the inactivity of the public administration in response to a request made by an interested party. It can also be used against material actions that go against the law or that constitute a de facto action.
Likewise, the aforementioned public bodies can also make use of this recourse with the help of a contentious-administrative lawyer when they consider that a resolution is harmful to the public interest.
The contentious-administrative procedure will be initiated by filing a written statement citing the provision, act, inactivity or action constituting a de facto violation that is being challenged. In addition, and except where the law provides otherwise, a request must be made for the appeal to be deemed to have been lodged.
The following documents must be attached to the written application for judicial review of the contentious-administrative appeal:
- Document accrediting the representation of the appellant. Unless it is attached to the proceedings of another appeal pending before the same Court or Tribunal. In this case, a certificate may be requested to be issued to be attached to the case file.
- Documentary proof of the plaintiff’s legal standing when he/she holds it because it has been transmitted to him/her by another by inheritance or by any other title.
- Copy or copy of the express provision or act being appealed against or indication of the file in which the act has been filed or the official newspaper in which the provision has been published. If the object of the appeal is inactivity on the part of the administration or a de facto measure, the body or department to which one or the other is attributed shall be mentioned. Where appropriate, the file in which they originated or any other information that sufficiently identifies the subject of the appeal.
- Document or documents accrediting compliance with the requirements for bringing an action in accordance with the applicable rules or statutes.
A Letslaw litigation lawyer can assist you with professional advice throughout the procedure. Both in the preparation and drafting of the appeal and with the preparation of any documents that may need to be submitted with the appeal against the order or judgement.