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ID: <

oai:doaj.org/article:9a34208564c4426b8bd61c3aaf510403

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De-congestion in administrative litigation is highly congested

Abstract

La Administrative Appeals Jurisdiction is highly congested. A number of measures are needed to remedy this situation: 1. Diminish the terms of limitation (the statutory time limit within which the injured party must file the claim, which is no longer possible to bring an action) for ordinary contentious actions; 2. Require the lawyers in dispute to produce, as annexes to the application or to their defence, most of the documents which they wish to use in the proceedings in order to reduce the probationary period and the evidence produced in the proceedings; 3. Increase both the costs to be borne by the claimant in the proceedings and the imposition of costs (pecuniary fine imposed on one of the parties) for the unsuccessful party in the proceedings; 4. Transfer to the ordinary civil courts, cases currently assigned to the contentious courts and in particular enforcement proceedings, proceedings for the restitution of rented property and for medical fault; 5. Eliminate constitutional actions poorly designed by the legislator, which have not been truly effective, such as the action for recourse (where the public entity ordered to pay compensation claims against the public server causing the conviction), popular actions for public morality and group actions; 6. Balancing the burden within the sections of the Administrative Court of Cundinchio, so that part of the highly congested cases of the second and third sections (the name of the decision chambers within the Court) move to the first and fourth, rather decongested cases; 7. Extend the exemption (abnormal termination of the proceedings for inactivity of the applicant) against the applicant public entities where they do not comply with their procedural burdens; 8. Abolish the approval of preliminary rulings by the Administrative Courts, so that they can be approved at the administrative level by the judicial procuradores of the Public Prosecutor’s Office.

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