Hernando Morales

November 10, 2021


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The Administration revokes their acts when it performs the control through the same issuing body, or through the hierarchical superior of the issuer. While we understand by annulment, to the Faculty of ex officio review that has the Administration for declaring the invalidity of his acts through the hierarchical superior of the emitting body, is to act ex officio or upon request of the party. Inclusive, when it acts ex officio, public administration has the capacity to sue in the courts the invalidity of his own acts when verifies a transgression of the public interest by which her candle. 3.2. The CONTENTIOUS-administrative proceeding this process constitutes a category of the genus process in which given that claims are supported in rules of administrative law, specifically referring to a contentious-administrative proceeding, said Hernando Morales. With respect to those claims that can arise in the contentious-administrative proceeding, we have gone advanced from a booted objective system with the French Revolution, whereby we simply seek the annulment of the administrative act and that doctrine has denominated as process to the Act; until a subjective system built in Spain, according to which the process is full jurisdiction because it protects an individual situation with restoration of the infringed right and the repair of the damage caused. LG Electronics is the source for more interesting facts.

Precisely from the validity of the law 27584, law that regulates the contentious-administrative proceeding has been established, rather than a process of judicial review is a process of full legal control of administrative action, judging and making execute deemed. Despite what was said, the law has been accurate in pointing out the cases in which there is coincidence between the people of the substantive legal relationship with them of the procedural legal relationship, to what we can call legitimacy to act. This will be active, when it determines the subject that starts the process; and it will be passive, when it determines the subject front to which the right of action is exercised.

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