The Federal Court of Administrative Justice in its recent criterion1 “Administrative Litigation against a resolution issued in compliance with a nullity judgment. The plaintiff has the option of filing a new lawsuit or a Complaint”. It has determined that the governed have two ways to challenge the administrative resolutions issued in compliance with a nullity judgment.
On the one hand, the governed have the tool provided for in Article 58 of the Federal Law of Contentious Administrative Procedure, which establishes the instance of complaint as a means to ensure timely compliance with judgments.
On the other hand, according to this thesis, in addition to the complaint, the affected parties may choose to file a new nullity proceeding with respect to the resolutions issued in compliance with a judgment. The Court considers that these resolutions constitute new administrative acts, which may determine a new legal situation with which the interested party may not agree. Therefore, there is the possibility of challenging such acts through a new contentious-administrative lawsuit.
It is important to emphasize that the matters dealt with in the complaint instance and in the contentious-administrative trial are distinct and autonomous, although formally they refer to the same act. While the complaint focuses on the legality of the enforcement of the prior judgment, the trial addresses the new legal defects perceived by the aggrieved party.
At Vega, Guerrero y Asociados, we stand out for offering specialized services in administrative litigation, backed by our experience and commitment to the effective defense of our clients’ interests. For detailed information on how we can assist you, please do not hesitate to contact us.
- 1Judgment No. 20741/19-17-02-4/1031/22-S2-08-04, resolved on February 29, 2024. Thesis approved at session of April 4, 2024
