Key Benefits:
ArtAculoA 1Aº. -A Administrative Justice will be exercised by the Tribunal of the Administrative Contentious and the Learned Counsel of First Instance in the Administrative Contentious in the form that this law establishes.
ArtAculoA 2Aº. -A Tribunal of the Administrative Contentious will have its headquarters in Montevideo.
ArtAculoA 3Aº. -A The Presidency of the Administrative Contentious Tribunal shall be exercised per annual rotating shift among its members, according to the order of the age of the age in office.
The turn will begin with the opening of the Courts.
In case of vacancy, license, recusal or impairment, the Presidency will be held temporarily by the Minister of Minethan-Age in office.
Ministers will precede between sA, in the same order.
ArtAculoA 4Aº. -A The Superior Council of the Judicature will appoint the Legal Secretaries of the Administrative Contentious Tribunal among the Secretaries of the Courts of Appeals, requiring the four compliant votes.
ArtAculoA 5Aº. -A In cases of vacancy, in the cases of impairment, recusal, abstention or discord, for the fulfillment of its judicial function, the Tribunal of the Administrative Contentious shall be integrated of trade and by draw among the members of the Appeals Courts.
Every member will continue to know in the matter until the sentence that motivated the integration is dictated.
ArtAculoA 6Aº. -A cannot be simulated either members of the Tribunal or even for the case of integration, the cósnyyüges, the consanguaneos or like relatives in straight line, and the collaterals up to the fourth degree including consanguinity or second affinity.
ArtAculoA 7Aº. -A The charges of members of the Tribunal are incompatible with any other paid public service, except for the exercise of the faculty in the Higher Public Education, in the field of legal affairs, and with all other Permanent honorary public service, except those especially related to his own.
ArtAculoA 8Aº. -A members of the Court are prohibited from exercising the profession of attorney or writing and that of any commercial or industrial activity.
Cesa the prohibition of practicing law, only in the case of personal matters of the Ministers or their members, and of their descendants or ascendants, legal or natural.
ArtAculoA 9Aº. -A Court Members will abstain:
| 1Aº) | To express and even hint at his judgment on matters that are called by law to fail, outside of the opportunities in that the procedural law supports it. |
| 2Aº) | Of giving oAdo to any allegation that the parties or third parties in the name or influence of them attempt to make them different form from the one set in the laws. |
ArtAculoA 10. -A Administrative Contentious Tribunal will have two Fair PerAodes during the year, one from the first to thirty-one in January and the other from the first to the twentieth of July.
ArtAculoA 11. -A The Court will act during the Fairs and on the pre-enabled holidays and on matters where there is urgency. That enabling can be decreed before the holiday or within it.
The qualification of the urgency will be made by the Tribunal, by its President or by the Minister of Fair, according to the case.
It will be considered urgent for this effect, the actions whose dilation can cause obvious serious harm to the stakeholders or to the good administration of Justice.
ArtAculoA 12. -A The Court will appoint the Minister who is to act during the Fair, and you will set the timetable for the office to operate for the jurisdictional effects.
In the authorized holidays you will provide the President of the Corporation.
The respective letter may be filed at the address of any of the Legal Secretaries.
ArtAculoA 13. -A Administrative Contentious Tribunal will dictate its rules of procedure.
14. -A First Instance Legal Courts in the Administrative Contentious will know in all cases where the State, Entes Autónomos, Services Decentralized or Municipal administrations are actors, respondents or third parties
ArtAculoA 15. -A matters for which there are any special or special procedures that are legally foreseen will be processed in accordance with the respective rules.
The procedure, both in First and Second Instance, will be established for the ordinary judgment by the Civil Procedure Code, Laws 9.594, 13.355, 14.861 and its concordant, modifying and complementary.
ArtAculoA 16. -A State Attorney in the Administrative Contentious is an independent, independent in the exercise of its functions, which, under the leadership of the State Attorney, has its The task of ruling according to his conviction by establishing the conclusions that he creates right in all matters of the jurisdiction of the Tribunal of the Administrative Contentious. This may also provide for better provision of the State Attorney's opinion in the Administrative Contentious.
ArtAculoA 17. -A the State Attorney in the Administrative Contentious will have a term of ninety days to rule, counted from the day following the delivery of the file in his Office. That term is suspended as expected in artAculsA 46, 85 , and 87.
ArtAculoA 18. -A the State Attorney in the Administrative Contentious, to better rule, may ask for the same information and accompanying measures as for this law may order the Court of Administrative Litigation.
ArtAculo 19. -A Procurator of the Assistant State on Administrative Contentious.
SerA a career charge; your holder will remain in it for as long as your good behavior lasts.
The same incompatibilities and prohibitions established for the State Attorney in the Administrative Contentious are governed by this charge.
ArtAculoA 20. -A In the case of vacancy, license, impediment, excuse or recusal of the State Attorney in the Administrative Contentious, the functions that will be the responsibility of the State Assistant State Attorney.
ArtAculoA 21. -A State Administration officers in the Administrative Board may not sponsor or deal with matters before the administrative courts, except in the case of personal cases of the official, his or her own party and their descendants or ascendants, legal or natural.
ArtAculoA 22. -A the Administrative Contentious Tribunal corresponds to the exercise of the powers that the artAculosA 22 and 25 of the 15th section of the Constitution, in the wording given by the artAculo 1Ast of the Institutional Act # 12.
ArtAculoA 23. -A In particular, and without the amount of a taxative listing, it is considered to be the object of the nullity action:
| a) | Unilateral, conventional, or other administrative acts dictated by diversion, abuse, or overpower, or with violation of a rule of law, consider such, every principle of law or constitutional, legislative, regulatory or contractual rule. |
| b) | Those that are separable from administrative contracts. |
| c) | Those that were dictated during the duration of the statutory relationship that links the state to the public official subject to his authority, relating to any kind of claim concerning the subject matter regulated by it, have to be of purely economic Andole. |
ArtAculoA 24. -A administrative acts, for the purposes of the nullifying action, acquire definitive cter when the administrative vAa has been exhausted with the express or fiche resolution. relapses upon the corresponding resources, as regulated in the chapter on compliance with that budget.
Such acts constitute the last expression of will of the State, Ente Autónomo, Decentralized Service or Municipal Administration, manifested in administrative function and must produce legal effects, that is, to be creators of the lesiva legal situation that resists with the action of nullity.
The same effects are considered to be between the definitive administrative acts, those that make impossible or suspend the processing indefinitely, deciding, directly or indirectly, the substance of the matter.
ArtAculoA 25. -A admissible claim for nullity of the general acts that the Administration will dictate, which would have to be met directly or not by the administered ones, when they were not in conformity with The right and the right or right, personal and direct of the administered.
Also shall be the challenge of the acts dictated in the application of the general acts mentioned in the above incisoA, founded on the illegitimacy of the acts or the first acts when they have been omitted to appeal and to contest of the act of general character.
ArtAculoA 26. -A cannot be the object of the nullified action:
| 1) | The political and government acts. |
| 2) | Discretionary acts, without prejudice to the ability to judge the assumptions or principles of the discretion in which case the Court should give a special ruling on the grounds invoked and the purpose of the administration, as well as its compliance with the rules of law. |
| 3) | Acts founded on national security reasons. |
| 4) | The acts of public interest declared by law. |
In case of numeral 2, the data subject may promote the patrimonial repair action.
Another can do so in the case of the numeral 4, provided that you have previously obtained the declaration of unconstitutionality of the law.
ArtAculoA 27. -A Among others, acts that are not considered to be included in the override jurisdiction are:
| 1) | Denying the claims for the collection of weights, compensation of damages and damages that have its cause in a given Administrator, who is responsible for it. |
| 2) | Disestimate the return of the amounts of money that are claimed by those interested in understanding that they have been unduly paid. |
| 3) | Disconsider requests from stakeholders that tend to recognize the compensation of debits, imputation of their credit to future payments or similar claims. |
| 4) | Be regulated by private law. |
ArtAculoA 28. -A Court will limit itself to appreciating the act in itself, confirming or annulling it, without reforming it.
When the Tribunal of the Administrative Contentious declares the nullity of the contested administrative act for causing injury to a subjective right of the plaintiff, the decision shall have effect only in the process in which it is dictated.
When the decision declares the nullity of the act in the interest of the rule of law or good administration, it will produce general and absolute effects.
ArtAculoA 29. -A Declared the cancellation or reserved the repair action, if any, will be able to promote the dispute of repair, for the determination of the damages caused immediately and directly for the contested act.
ArtAculoA 30. -A In the actions deducted before the Court of Administrative Contentious, at the request of interested party and after hearing for the term of six days the defendant state legal person, the Court may have the temporary suspension, in whole or in part, of the execution of the contested act, if it is liable to cause serious harm, or of difficult repair, or irreparable, in the event of a failure subsequently to be ruled out Cancellation.
ArtAculoA 31. -A requests that the holder of a right or a direct, personal, and legitimate interest to any competent administrative authority, shall be made of, if at the end of Sixty days following the presentation, it has not been dictated and personally notified or published in the "Official Journal", as appropriate, the resolution expresses.
The express or ficto act should be challenged in accordance with the provisions of the following provisions if the petitioner intends to promote the cancellation action.
The corresponding resources should be deducted within the period of twenty days, counted from the following of the configuration of the resolution, the personal notification or the publication of the express act in the "Official Journal".
ArtAculoA 32. -A nullified action cannot be exercised if the administrative vAa has not previously been exhausted. To this effect, acts coming from some authority not subject to hierarchy should be challenged before the same with the appeal of revocation, within the twenty days following that of the personal notification or publication in the "Official Journal" of the contested act, as applicable.
If the station of the act is an authority submitted to the hierarchy, it should be considered together and the resource, the hierarchical, which will be understood before the maximum hierarchy of the body concerned, should be considered together.
If it is an authority that shall be subject to administrative guardianship, it shall be jointly and subservient to the Executive Branch for the purpose of the cancellation by violation of a rule of law or deviation, abuse or excess power.
When the act has been dictated by an unconcentrated entity of an agency submitted to administrative tutelage, together with the resource of revocation, the hierarchical and at the same time and allowance of the same, the one of cancellation should be considered.
When it comes to the challenge of a regulatory act, the time limit for bringing the resources that correspond to it will be from the day following that of its publication in the "Official Journal".
At the sixty days following the presentation of the respective resources in the hypothetheses provided for in the first and the fifth, to the hundred and twenty days in the cases referred to in the 2Aº and 3Aº and to the hundred and eighty days in the cases referred to in the case-law 4Aº shall be exhausted by the administrative and administrative provisions of the court, without any other limit.
In cases regulated by the 2Aº, 3Aº and 4Aº the competent bodies to instruct and resolve each resource will have sixty days.
Due to the time limit, you will automatically have to cross the subsidiary appeal, and the contested act is confirmed.
If, before the total period in each case, the appellant is personally notified to the appellant or published in the "Official Journal", as the case may be, the final decision of the Administrative Board shall be exhausted in the precise date of the notification or publication, without prejudice to the right of the administered to be notified of the express act at the time.
ArtAculoA 33. -A demand for cancellation should be submitted, under penalty of expiration of the action, within the sixty-six peremptory days following that in which the exhaustion of the vAa was configured. administrative, in accordance with the provisions of the previous article.
The express act dictated outside the term of the administration under the preceding provisions, and the one issued in time but notified after the expiration of the act, do not return the term for action.
ArtAculoA 34. -A deadlines to which the above provisions refer will be counted in calendar days, runs, and will be computed successively without continuity between each and the following.
It will only be suspended during court fairs and Tourism Week.
The terms or deadlines that expire on the holiday will be extended to the following immediate weak dAa.
ArtAculoA 35. -A Precedent provisions govern without exception regarding the challenge of administrative acts dictated by any State organ, Ente Autónomo, Servicio Decentralized or Municipal Administration, unless your judgment is or is subject to a special jurisdiction.
ArtAculoA 36. -A partial reformation or reversion will not require a new administrative challenge. There will be no reposition.
Nor shall another administrative challenge be required of the third party, possibly aggrieved in his right or direct interest, by the partial revocation or the reform of the original act that is the object of such an express decision of the resources.
ArtAculoA 37. -A document will be signed by the written document in which administrative resources and those presented during processing are filed.
ArtAculoA 38. -A Court of Administrative Contentious shall not exercise its jurisdiction in the matter of cancellation.
The action of nullity may be exercised by the holder of a right or of a direct, personal and legitimate interest, violated or injured by the administrative act.
ArtAculoA 39. -A Administrative Contentious Tribunal will have the necessary powers to ensure the most appropriate and correct development of the procedure.
The actions to be carried out outside the city's radio shall be executed by the respective judicial bodies, whose intervention will directly cover the Tribunal of the Administrative Contentious.
ArtAculoA 40. -A Court may commit one of its members or the Secretaries, the practice of probative proceedings.
ArtAculoA 41. -A the Minister or the Secretary who receives the testimonial test may ask the witnesses the questions that he considers relevant.
ArtAculoA 42. -A the Minister or the Secretary receiving the test shall monitor the timely compliance with the measures laid down; in case of excessive delay, the Court shall immediately give the Court, which shall order what you consider appropriate to the normal development of the procedure.
ArtAculoA 43. -A To enforce its decrees or resolutions, and to practice or practice the acts that it dictates, the Tribunal may require the authorities of the contest of the public force that of them depends on the other means of conduct at their disposal.
The requested authority must provide its tender without the right to describe the basis with which it is asked, neither the justice nor the legality of the decree or resolution that is to be executed.
ArtAculoA 44. -A The decisions or decrees that the Tribunal expiates in the matters of which it is aware, do not impose responsibility on it but in the cases expressly provided for by the Constitution and the laws.
ArtAculoA 45. -A case files may be removed from the office under the law firm without the need for a mandate from the Court, to claim well proven, to bring the review facility and to evacuate the shipment. of the same.
You may also be removed for study for up to three days, provided that your delivery does not prevent the completion of a pending diligence and does not disturb the normal development of the process.
ArtAculoA 46. -A procedural deadlines that are counted by dAas will be suspended during court fairs and Tourism Week. When they are sold at the end of the day, they shall be extended until the following first date.
Except for the periods of time the duration of which does not exceed fifteen days and those for hours, in which only the days will be computed.
The dAas are hA biles o inhà ¡ bíles segurín sánedo or not in them, the Office of the Tribunal of the Administrative Contentious. They will also be considered to hold all the days in which, for any reason, it does not open its doors during all the usual time the office in which the management is to be performed.
For the purposes of the procedural time limits set in months or in years, the days will be counted and the next two days.
The dAa for the practice of all judicial proceedings is understood as natural, from sunrise to sunset.
In the dAas inhA bíles and in the hÀ biles out of the natural day, no judicial diligence can be practiced without prior authorization for justified cause. In the days you will be able to appear written during the natural day when they are urgent. In the case of not being particularly determined in other provisions, the term of the transfers shall be six days and three of the views.
ArtAculoA 47. -A By express agreement of parts, you can suspend processing of the process by a term that you will specify.
That term may be extended to the request of both parties.
ArtAculo 48. -A procedural terms will be counted from the following day of the notification of the respective resolution.
ArtAculoA 49. -A person or legal persons, holders of a right or of a direct, personal and legal interest violated or injured by the administrative act shall be entitled to promote the Cancellation action.
ArtAculoA 50. -A PodrA will appear before the Administrative Contentious Tribunal, persons who enjoy the capacity required by the laws to be on trial.
However, the minors who perform or have performed public charges may be able to appear for themselves in defense of the rights inherent in those jobs.
ArtAculoA 51. -A persons not included in the preceding article will appear, represented, assisted, or authorized, according to the laws that regulate their capacity.
The legal persons shall be litigated by their representatives, according to the laws, their statutes or their contracts.
ArtAculoA 52. -A parties will appear either by sA or through attorney general and always assisted by a lawyer.
ArtAculoA 53. -A The requested authority can be represented or advised by whom it makes fit.
ArtAculoA 54. -A stock and auto accumulation shall be governed by the corresponding provisions of the Civil Procedure Code and concordant, complementary and amending laws.
The active and passive consortium will be governed, as appropriate, by the same provisions and in particular by those contained in the numbers 2 and 5 of the article 771 of the Civil Procedure Code.
ArtAculoA 55. -A will be able to intervene in the process, as the intervener of the respondent, any person within the article 49 who has any right or direct interest, personal and legitimate in the maintenance of the act that will motivate you.
The third party will be admitted with personal information from the parties. If there is opposition, the procedure of the incidents will be followed.
ArtAculoA 56. -A third parties mentioned in the previous article may intervene at any point in the process until the statement for statement; but they cannot push back, modify, or suspend their course or to allege or prove what is forbidden to the principal, for being past the term or for any other reason.
ArtAculoA 57. -A When you act as a child of a person and your positions are not contradictory, the Court may require that you appoint a prosecutor within the time limit that the effect may be. If in the same one, the required ones do not reach agreement, the Tribunal will be able to make the corresponding design.
ArtAculoA 58. -A The procedure will be written and the rules provided by the Civil Procedure Code for ordinary judgment will be observed.
ArtAculo 59. -A Demand should contain:
| 1) | The name and address of the actor. |
| 2) | The name of the defendant legal person and the precise individualization of the individual who expiated the act. The Court, in each case, shall determine the address where the notification shall be made. |
| 3) | The determination of the act whose cancellation is requested. |
| 4) | The detail of the configuration extremes of administrative vAto exhaustion and time-to-time, exposed with all precision. |
| 5) | The facts and acts on which the order of cancellation is based on clarity and precision. |
| 6) | Right underpinnings in the same way, individualizing the rule or rules that are considered to be violated or extremes that are estimated to be configured for diversion, abuse, or excess power. |
| 7) | The request expressed in total clarity. |
ArtAculoA 60. -A AAºn when the promoter refers to the confirmatory act with which the administrative vAa would have been concluded, the claim shall be understood always directed against the original act the injury situation that is invoked in the annulus claim. If it has mediated partial revocation or reform, it will be understood as the object of the judgment of the administrative act as it will be to raAz of the modified modification.
When the administrative acts of an individual require for their formulation or effectiveness the initiative, consent, consent, authorization, approval or collaboration of another, shall be considered, for the purposes of their challenge, as dictated exclusively by the above mentioned only.
ArtAculo 61. -A With the demand will be accompanied by:
| 1) | The document or documents that demonstrate the representation of the comparent when it is not the same person. |
| 2) | The document or documents in which the right is founded. If you do not have them at your disposal, you will mention them with the possible individualization by expressing what they are, and by designating the file, public office or place where the originals are located. After the application has been filed, the actor other than those of a later or earlier date shall not be admitted to the actor's article 374 of the Code of Civil Procedure and without prejudice to the power conferred on the Tribunal by the article 73 of this law. |
| 3) | The copy or notification of the contested act or the individualization of the "Official Journal" in which it has been published. If it is not possible, the indication of the file in which the administrative act is subject to the judgment. |
ArtAculoA 62. -A When the claim, in the judgment of the Court, does not meet the foregoing requirements-requirements for the validity of the appearance-a period of thirty days for the action to be subsane the defect or defects that will indicate to you, by means of which you will be notified personally.
Expiration will not be operated during the thirty-day period. If, within the agreed period, the actor does not comply with the requirements, the Court may order the file of the proceedings, for the application is not filed.
If the action claims impediments to the judgment of the Court, it may give rise to the demand.
ArtAculoA 63. -A Interposed demand will be given to the respondent, with the deadline of twenty days, who within the same term should submit the administrative antecedents.
If the respondent party requests before it has been accused of rebellion that the term is increased to answer, it will be awarded half of the year.
ArtAculoA 64. -A Without prejudice to the inclusion of all documents and actions relating to the contested act, the administrative antecedents should understand the text of the act, all the elements (i.e., reports, reports, summary actions, etc) that preceded their formulation as well as the constancy of their notification, the administrative resources interposed and the totality of the actions implemented with after.
ArtAculoA 65. -A failure of the respondent party to send the reports, background, or administrative files, will not prevent the processing of the process. In such cases, in passing judgment, the Court may consider the statements of the actor to be true, unless they are contradicted by other elements of judgment or are a matter of which the law is understood in the cases in which the law determine the existence of administrative secrecy.
ArtAculoA 66. -A SAIs are eligible as dilatory exceptions:
| 1) | The lack of jurisdiction. |
| 2) | The lack of legal capacity in the actor, or the representative's or the attorney's. |
| 3) | Legal effect on how to prepare demand. |
| 4) | Cautional loan in the cases provided by law. |
Within the same timeframe granted for dilatoriums, they are also admissible for:
| a) | Cose judged. |
| b) | Missing administrative vAan exhaustion. |
| c) | Expiration. |
ArtAculoA 67. -If dilatory exceptions were to be opposed and among them were not to be found in the absence of jurisdiction of exhaustion of the administrative vAa or the expiration, the Court equal will be pronounced. If the examination of the administrative antecedents results in an inequAvoco way and manifest its lack or non-compliance, if the examination of the administrative antecedents is of its own.
ArtAculoA 68. -A If the respondent wants to oppose some or some of the exceptions mentioned in the preceding articles, you should do so within the term of nine peremptory days.
ArtAculoA 69. -A of the document in which dilatory exceptions are to be thrown will be transferred with quality of cars, to the actor, who should evacuate it within the term of six days.
ArtAculoA 70. -A If in view of the actor's reply, the Tribunal considers it necessary, it will open the incident to the test by the end of thirty days.
artAculoA 71. -A expired that is the term, the Secretary will add the evidence that would have been produced and will hear about them from the respondent and the actor with a term of six days to each. The respective writings of the parties or accused rebelling and after hearing the State Attorney, will be completed, the incident will be concluded for an interlocutory sentence and the orders will be ordered to be studied by the Ministers in their order.
However, the Court, by vote alone, could have the effect of issuing an interlocutory judgment, seeing the cars in the Agreement.
This procedure will also be observed for the purpose of the incidents.
ArtAculoA 72. -A Opposed or some of the exceptions listed in Article 66, the Court, also by vote, will not be able to dictate the resolution that corresponds to its decision. judgment your substantiation may cause an immediate delay in the development of the process.
ArtAculoA 73. -A If the respondent does not object to the exceptions referred to in artAculo 66, evacuated the shipment of the claim or defendant, the Tribunal shall proceed in the form provided in artAculo 67, when appropriate.
If not, if the parties have offered proof or the Court considers it necessary to understand that the facts set forth are of unquestionable importance for the resolution of the dispute, or that there is no agreement of the parties on the same, open the cause to the test by the end of sixty days.
The Court may order probate proceedings and request reports that you consider to be conducive.
ArtAculoA 74. -A Court may reject "in limine" those means of proof prohibited by law, or notoriously dilatory or proposed in order to hinder the regular march of the trial or that are not relevant to the litigious material.
The non-admission of a means of proof in the opportunity of its proposal does not prevent it being ordered by the Court to better provide or at the request of the State Attorney to better rule or at the request of a Minister for better study.
ArtAculoA 75. -A lawyers may attend the trial proceedings without the presence of the litigants when they authorize them to do so in any of the writings presented at the trial.
ArtAculoA 76. -A In the witness statements the answers will be settled following the questions. To this end, the questions will be transcribed from the interrogations formulated.
ArtAculoA 77. -A SAFlo may be given evidence by certificate or report by the President of the Republic, the Ministers and Deputy Secretaries of the Executive Branch, the General Officers and Senior Officers of the The National Legislators, the Ministers of the Supreme Court, those of the Administrative Court of Justice, the Court of Auditors, those of the Supreme Court of Justice, the Supreme Court of Justice, the Supreme Court of Justice, the Supreme Court of Justice, the Supreme Court of Justice, the Supreme Court of Justice, the Electoral Court, those of the Appeals Courts of the Administration of Justice, the Judges and Prosecutors and the Ambassadors and Diplomas accredited in the AAs who enjoy immunity in accordance with International Law.
ArtAculoA 78. -A representatives of the legal persons in public law and the proxies who appear on trial for them cannot be summoned to absolve positions.
However, the Tribunal may, of its own motion or at the request of a party, require written reports on facts fulfilled by the members of the Tribunal, concerning the matter in question and the exhibition and the delivery of things or documents in their possession, when their knowledge is deemed necessary for the purposes of the process.
ArtAculoA 79. -A Test term expired, the Aa will add it to the autos with the respective certificate and the Court will mandarA to allege well tested by its order of fifteen dAas unextendable.
The code will be suspended for the term that the cars are not in a position to be delivered, a circumstance that should be recorded by the Office with cause.
ArtAculo 80. -A pleadings, or accused rebellion and oAdo the State Attorney, will end the cause and the pass will be available to the study of the Ministers, quoting the parties for statement.
However, the Court concludes the case, and it is rotten for the vote to give judgment, to see the cars directly in the Agreement.
ArtAculoA 81. -A After the decree of conclusion of the cause, all discussions shall be closed; no written or verbal pleadings shall be permitted, nor shall any test be carried out by means of positions, unless the Court believes it is appropriate to provide, or will request, a Minister for better study.
The prohibition does not reach the withdrawal of the action or the closing order that is present for having been revoked the act in administrative headquarters for reasons of legality.
ArtAculoA 82. -A Members of the Administrative Contentious Tribunal will have to study the case, of a period of forty-five days, which will begin to run from the date of the date of the date of the date of the in that the cars were passed to that effect, according to note from the Secretariat.
If between the date of the return of the cars by a minister and the note of the Secretariat passing the file to study of the one that follows, will measure more than ten days, this period will start to run, not since the date of the note of the Aaa, but from the return.
Similarly, if between the date of the last update and the note of the Secretariat passing the cars to the study of a minister will measure more than thirty days, the deadline indicated will start to run from the last update and not from the note of the AA.
dealing with interlocutory judgments in the term for study of twenty days.
ArculoA 83. -A expired for the study of the case without having been returned the cars by the respective Minister, this will be prevented from continuing understanding in the cause and should be replaced in legal form.
ArtAculoA 84. -A return to the file by the Minister to whom it was appropriate to study it in the last term or resolved to see the cars in the Agreement, the judgment should be given within twenty days next.
If it is not done for the cause of the Minister, it shall be expressly stated in cars, in special providence, and the Minister who caused the delay shall be prevented from continuing to know in the matter, and must be replaced in form.
ArtAculoA 85. -A Diligence to better provide, the decretadas at the request of the State Attorney to better rule or at the request of a Minister for better study, as the other indispensable that The following shall be suspended for the respective but fulfilled terms, the time elapsed until the due diligence was made.
Once upon a time, the respective term may be suspended for such reason, for the State Attorney, the respective Minister or the Court where appropriate.
ArtAculoA 86. -A The member who, for any cause, becomes aware of a subject in replacement of another will not be computed for the time elapsed during the replacement.
ArtAculoA 87. -A Ministers ' licenses will suspend the respective terms, but will be reintegrated into their duties, they will be computed for the time to date until the license was started.
ArtAculoA 88. -A sentences handed down with one or more of the orders members are absolutely null.
ArtAculoA 89. -A Court may work with three members, but the five must be present to make a final judgment.
To pronounce the nullity of the contested act by reason of a subjective right and to resolve the competition contests and the differences mentioned in the artAculosA 101 and 102 the simple mayaa.
In the case of cases, in order to declare the act null, four votes will be required. However, the Court shall reserve to the applicant the right of repair, if three compliant votes declare the grounds for nullity invoked sufficiently justified.
In the case of interlocutors, the incident will be studied and resolved by three of the members of the Court, requiring the unanimity of votes to pronounce judgment.
The decrees of substantiation may be dictated by the members of the Tribunal.
. -A majority will be determined by the votes, even if there is no agreement on the fundamentals.
When in the same judgment different questions have to be resolved and partial discordations are to be taken, the number of votes shall be considered to be reached if the necessary votes are obtained on each of them. Previous article.
ArtAculoA 91. -A TrA will be signed by two Ministers and the final statements or interlocutors will be signed with a half signed by all who contribute to dictate it, the discordes, being able to record their votes, under their signature, in the respective book or the continuation of the judgment.
It may also be possible to leave the same constancy to the members who are present in order to give judgment for reasons other than those entered in it.
ArtAculoA 92. -A The Court will appoint the Minister to write the judgment, which will be recorded in the Expedient by the Aaa.
ArtAculoA 93. -A definitive or interlocutory statements with the force of definitive will be communicated in addition to the authority that intervened in the case immediately, with a copy of them.
ArtAculoA 94. -A The actor might give up the process before it falls to the statement.
If the plaintiffs were several, the trial would continue with respect to those who had not given up.
ArtAculoA 95. -A If the statement is issued by the defendant before the judgment is pronounced, the act will be revoked for reasons of legality, verified the fact, the closing and the file of the procedures at the request of any of the parties and may be of its own motion if the Tribunal has authentic knowledge of the above situation.
ArtAculo 96. -A instance of the instance will be verified when six months elapse without any act of the procedure being done, without prejudice to the href= "#art47"> artAculoA 47. The kennel may be declared ex officio or a party request.
ArtAculoA 97. -A Counter to the acts dictated during the limit of the nullified action shall have recourse to the reposition, unless the law declares the act of appeal.
ArtAculoA 98. -A Notified to the parties the final statement, any of them may request, within the term of three days, the explanation of any obscure concept or indoubt word that it contains. The Court, without a further limit, shall be issued within the period of 15 days.
It will also be rotten, in the same order, within the same terms, to extend the ruling of the Tribunal on the essential point of the litigation that would have been omitted in the judgment.
ArtAculoA 99. -A Against the definitive or interlocutory statements with the force of definitive will have the resource of review that will be able to be brought when new elements of judgment are presented that, by their nature, they can determine the modification of the statement and of which the appellant could not have been used during the process.
This last end will be tested, if it corresponds, in brief and summary form.
The Court may reject the action brought when it is in its judgment as to its origin.
ArtAculo 100. -A The resource should be interposed within the twenty peremptory dAs counted from the next of the statement notification.
The action brought shall be transferred to the counterparty for the term of twenty peremptory days counted from the following of the notification of the self giving it.
Evacuee who may be transferred or expired the respective term, shall proceed, if appropriate, to the prosecution of the test at the end of thirty days and, oAdo the State Attorney, which shall be issued within forty-five years. The dAas will be issued for statement.
ArtAculoA 101. -A Competition contests and the differences expected in the in the wording given by the artAculoA 1Aº of the Institutional Act No. 12 may be subject to the Court's resolution by any of the other interested parties, by means of a founded request, with the background respective.
The Court will give a view of the petition to the corresponding one for the term of fifteen unextendable days, which, when it is evacuated, will present the antecedents to their disposal.
Evacuated the view or expired the stipulated term, the Court will proceed as indicated in the article 103.
artAculoA 102. -A contention or difference between the members of the Neighborhood Board, Directories or Councils of the Public Enterprises, Autónomos Autónomos or Services Decentralized, in the conditions provided in the in the wording given by the artAculoA 1Aº of the Institutional Act No. 12, the respective office, at the request of any of its members, subject the case to the Court's resolution, expressing the reasons have been exposed during the deliberation, with the background of the case or authenticated copy of the case.
ArtAculoA 103. -If proof is offered, the Tribunal may be required to be diligent for the term of thirty days, as well as that which it deems necessary for the best instruction in the case.
Diligent the test will be heard by the State Attorney, calling the orders for a sentence, before he studied in his order.
If no evidence is offered, or if the Tribunal does not have it on its own, it will proceed as provided by the above.
ArtAculoA 104. -A In all points not expressly regulated by this law, will be set to the Law on the Organization of the Courts," Code of Civil Procedure " and other laws governing the matter, concordant, complementary and amending.
ArtAculoA 105. -A As of the validity of this law, the Presidency of the Court referred to in Article 3Aº, first of the same, shall be organized in such a way as to initiate and Continue the rotating system with the priority of those who have not already performed the Presidency of the Won.
ArtAculoA 106. -As long as the position of Procurator of the Deputy State is not created in accordance with the respective budget law, it shall be exercised by the member of the staff of the The highest age of the age in office, provided that you meet the requirements of the final article at the end of the 19. If you were prevented, the surrogacy will be appointed by the Executive Branch.
ArtAculoA 107. -A All the modifications that are made to the materials of exhaustion of the administrative vAa and of the period in which the action of nullity must be exercised, shall govern in respect of the acts originating administrative authorities which are issued as of the date of this law.
The time limit for the Administration to decide the requests that will be in line with the date of entry into force of this law will be governed by the previous rule.
ArtAculoA 108. -A This law will begin to apply from the 1st of February 1984 and apply to matters on the subject.
Not to apply to the interposed resources or to the terms, measures, and deadlines that would have had the beginning of execution or begun to run before that date.
In matters of competence, matters within the scope of this date shall continue under the preceding rule, in all instances and until its termination.
The cases pending before the present Court of First Instance in the Civil, and that from the validity of this law will correspond to the Court of First Instance in the Administrative Contentious, will continue its limit, until its conclusion, before the same Courts where it is being substantiated.
ArtAculoA 109. -A Derogbe the artAculosA 62 to 66 of law 9.515, dated 28 October 1935; 56 and 60 of law 12.549, dated 16 October 1958; 345 to 348 of the ley 13.318, dated 28 December 1964; 44 and 47 of law 14.101, of 4 January 1973; 78, incisoA 1Aº, 79 and 82 of Law 14.306, of 29 November 1974 and all provisions that oppose this law.
ArtAculo 110. -A Community, etc.
A A A A A Sala de Sessions del Consejo de Estado, in Montevideo, on December 27, 1983.
CA-mplase, acorsese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leias y Decretos.
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 Montevideo, Uruguay. Legislative Power. |
