El acceso a la justicia en el proceso administrativo bonaerense

Abstract

The natural rejection of rulers to any form of control has made difficult the Access to administrative contentious processes. The obstacles are still present, in spite of the fact that a long path has been followed starting from the dogma of the impossibility of filing a demand against the state up to the present day situation.

The Varela Code which was in force between 1906 and 2003, the 1934 Constitution, together with the restrictive interpretations of its sections, and Public Law have limited the summons to appear in court in the province or in any of its town halls. The subject, tied to the revision of definitive administrative acts imposed the need to present a claim prior to the trial and the exhaustion of the administrative channel. Short terms of termination of the action by lapse of time and the pay first and file a claim later in tax law.

This previous requisite has become a previous trial or previous examination of proceedings hypothesis in whose maze-like paths, various particular actions were extinguished. Worst of all,  as the legitimacy of the action has been limited up to 1996 to the holders of subjective individual  rights, has left outside the Court all those who claimed for legitimate vague or collective interests.

 The situation has improved since the 1994-2003 Amendments to the Constitution, the problems have decreased but they have not disappeared completely. The jurisdiction and  the legitimacy issues have been widened but the terms for the extinction of the action and the exhaustion of administrative channel and the previous payment- are still there as obstacles .

No one doubts that Access to Justice is an essential human right. Consequently, it is necessary to end once and for ever, with these restrictions.