When and how to file a contentious-administrative claim?

When the actions of the administration significantly affect individuals or companies, it is crucial to understand how to subject possible excesses to a legal examination. Contentious administrative lawsuits, as a powerful tool, enable companies and citizens to demand accountability from government entities.  These lawsuits play a significant role in ensuring that government actions are lawful and in the public’s best interest.

Lawyers specialized in contentious-administrative matters in Panama have, for years, been the guarantors of the rights of individuals and companies residing in the country.

Identifying valid cases

The first step in dealing with possible illegalities on the part of the administration is to recognize when you have a valid case. Although many persons feel frustrated because of the actions of government authorities, not all cases warrant legal action. Here are some key indicators that you may have a strong case, among which we can highlight, namely:

1. Clear violation of laws or regulations
2. Arbitrary or capricious decision making
3. Violation of due process of law
4. Abuse of discretionary power
5. Failure to comply with procedures

Initiating the procedure

Once a valid case has been identified, the process of initiating a contentious-administrative trial begins. Each case has its own unique complexities that must be addressed in detail. However, our experience allows us to propose these elements as a basis for any contentious administrative litigation. Nevertheless, keep in mind that there are two types of lawsuits mainly used to review the legality of acts, orders, o the tacit refusal by the silence of the administration, such as the Application for Full Jurisdiction, through which the restoration of the violated right is requested. In those cases of acts of general content or individual acts but whose characteristics may have an overall impact, and where the restoration of a right is not requested, the Action for Nullity may be promoted:

1. Gather exhaustive documentation: Collect all relevant documents, including government communications, official decisions, and any evidence that will help establish the legal facts that will allow the development of the concept of infringement of the act being sued.
2. Exhausting administrative resources: In most cases, you will have to prove that you have intended to resolve the issue through the available administrative channels before filing a lawsuit; this is in the case of Claims of Full Jurisdiction, since the promotion of action for nullity do not require the exhaustion of government channel as a procedural presupposition to be lodged.
3. Identify the competent jurisdiction: In Panama, the Third Chamber of Contentious Administrative and Labor Litigation of the Supreme Court of Justice maintains exclusive competence to review the legality of administrative acts or omissions, according to numeral 2 article 206 of the Political Constitution of the Republic of Panama, who will make it with the hearing of the Administration’ Attorney General.
4. File the lawsuit before the prescription period expires: In matters of Full Jurisdiction, the term to promote such a lawsuit is two (2) months, counted from when the date the act sued is final. However, there is no term to file this type of lawsuit in nullity matters.
5. Legitimacy in a Claim of Full Jurisdiction vs. one of Nullity: The lawsuit of Full Jurisdiction may only be promoted by the one directly affected by the administrative act sued or tacit refusal, or by the one who maintains a direct interest in the trial outcomes. However, the Action for Nullity representing the exercise of objective control of the legal system, can be filed by any individual.
6. Consider the possibility of promoting provisional measures: In some cases, your contentious-administrative lawyer in Panama request a provisional measure may be necessary to avoid irreparable damages while the process is underway before the contentious administrative jurisdiction.  

Unique ideas

Contentious administrative claims, such as those of full jurisdiction and nullity, are highly technical procedural vehicles in which how the contentious-administrative lawyer in Panama sets forth the fundamental facts or omissions of the action promoted and describes the dispositions alleged to have been violated plays a decisive role. Nevertheless, without prejudice to the foregoing, mentioning some lesser-known aspects that may significantly influence your case is essential.

• Conventional law: Panama is a signatory to several international treaties that are part of our legal system today. Incorporating arguments based on these treaties can reinforce your case, mainly in human rights and environmental protection areas.
• Strategic use of freedom of information laws: You can uncover crucial evidence to help in your case using transparency laws to obtain government documents. In Panama, the Transparency law (Law 6 of 2002) can be a powerful tool.
• The impact of judicial precedents: Although the concept of precedent has different implications in common law systems compared to civil law systems, where in the former, it presents a forced link, unlike civil law. We have seen in recent years, through comparative law, that the contentious administrative precedent has obtained a greater strength, to the extent that the administered demands a unification of such jurisprudence, which comes to have a real impact on those actions of the administration that do not comply with the law, thus avoiding its recidivism. Therefore, the knowledge and proper handling of the contentious administrative jurisprudence constitutes an effective tool for both the system user and the public servants.

The role of specialized legal representation

In our country, the contentious-administrative procedure is regulated by Law 135 of April 30, 1943, modified by Law 33, 1946; the domain of the same and the administrative procedure often depends on the management that the legal offices maintain over the most recent jurisprudence by the Third Chamber of Contentious Administrative, within the wide range of topics that arrive to the control of legality.

Contentious Administrative law requires specialized knowledge. At Monica Castillo Arjona – Law firm, we are a team of professionals with in-depth knowledge of administrative law and experience in challenging governmental actions and, therefore, the ways of accessing the control of legality.

Our experience in several contentious-administrative procedures allows us to accompany you through high-quality advice.

Contact us today to speak to an contentious-administrative lawyer in Panama.