Extension of theeEffects of the judgment in the Contentious-Administrative jurisdiction

Abstract

Article 24 of our Constitution proclaims the fundamental right of everyone to obtain an effective remedy, which involves a system of guarantees laid down in favour of the litigant, and that is exercised and is satisfied in accordance with established procedures and proceedings in the Act, which include the Law 29/1998 of July 13, administrative court, the alleged ultra partem extension of the effectiveness of estimated sentences.

The Law 29/1998 provides for the extension of the purposes of estimated sentencing of claims full jurisdiction, but with limited scope to matters of personal and tax in its article 110; the alternative system of electing one or more processes witnesses for further extension ultra partem effects of the judgement in its article 111 in conjunction with Article 37.2 and that the cancellation of a provision or act become effective for all persons concerned from the day of publication of the final judgement in the relevant official gazette in Article 72.2.

The purpose of these precepts is to address the situation of saturation order to the administrative court, which has suffered until the extraordinary increase in litigiousness, in order to help «alleviate» and «decongest» the order to the administrative courts.