Table of Contents
- Introduction
- I.- Jurisdiction
- II.- Parties
- III.- Administrative Complaint (Demanda)
- A) Administrative Complaint Prevention and Disallowance
- B) Attachments
- C) Failure to Submit Attachments and Its Consequences
- IV.- Terms
- A) Challenge of the Contested Resolution’s Notification
- V.- Answer
- A) Submission
- B) Express Negative
- C) Attachments
- VI.- Extension of the Administrative Complaint and Its Answer
- A) Answer to the Extension of the Administrative Complaint
- VII.- Inadmissibility
- VIII.- Contested Act’s Suspension
- A) Requirements
- B) Hypotheses
- C) Formality
- IX.- Evidence
- A) Supervene Proofs
- B) Court’s Expert Witness
- X.- Case’s readiness
- XI.- Judgment
- A) Judgment’s Effects
- XII.- Legal Remedies
- A) Reclamation
- B) Reconsideration
Introduction
With the promulgation of the Administrative Justice Law of the Chihuahua State in 2019, administrative justice in Chihuahua changed for good. That law created an Administrative Court called the State Court of Administrative Justice (TEJA in Spanish), where all legal problems among municipal and state public administration and society are resolved under a trial called a ‘Contentious Administrative Trial’. Likewise, formally, this court belongs to the local executive branch. However, it has budgetary and management autonomy.
This court, comprised of three magisters, arrived a little late to our state because controversies in administrative matters were previously resolved terminally by the municipal councils and the governor of the state of Chihuahua himself, resulting in slow, partial, and ineffective administrative justice. All thanks to reform to articles 113 and 116 of Mexico’s Federal Constitution that basically enjoined every state of the country to create administrative courts.
Lastly, as this Administrative Court is new and as the state of Chihuahua has a low population (only Juárez municipality has more than 1 million, followed by Chihuahua’s capital), sadly, for the entire state, we only have one court, which is located in the state capital. That means the court decides the administrative justice of around 3 742 million inhabitants. Still, I believe Ciudad Juárez will soon have a regional court to prevent overspending on administrative litigations. At least that’s what administrative attorneys, like myself, are demanding.
Without more ado, let’s start analyzing how the administrative justice in Chihuahua state works:
Translation
This is a translation of my entry El Juicio Contencioso Administrativo en el Estado de Chihuahua.
I.- Jurisdiction
Like any authority, the State Court of Administrative Justice must be governed by a jurisdiction where, in a clear and precise manner, it is known which acts are subject to its jurisdiction. For the case under study, the Contentious Administrative Trial in the state of Chihuahua proceeds against the administrative acts that are contemplated in the Administrative Justice Law of the State of Chihuahua and also in article 3 Organic Law of the State Court of Administrative Justice, which are the following acts:
1.- Decrees and agreements of a general nature, other than regulations, when they are self-enforcing and are challenged in their first act of application.
2.- Resolutions issued by tax authorities that determine the existence of a tax liability, establish a liquid amount, or provide the bases for its liquidation.
3.- Resolutions that deny the return of unduly received income or whose return is appropriate by tax laws.
4.- Resolutions that impose fines for violation of administrative regulations.
5.- Resolutions that cause a tax loss other than those referred above.
6.- The resolutions issued regarding civil pensions of the State and municipalities.
7.- Resolutions arising from decisions in public tenders and the interpretation and compliance of public contracts, public works contracts, acquisitions, leases, and services entered into by the agencies and entities of the Centralized State and Municipal Public Administration and Parastatal.
8.- Resolutions that deny compensation for the State’s financial liability, declare its claim inadmissible, or, when having granted it, do not satisfy the claiming party.
9.- The right of repetition of the State to collect the compensation they have had to pay individuals for their actions from public servants.
10.- Resolutions that require the payment of guarantees in favor of the State or municipalities and their parastatal entities, except for those that fall under the jurisdiction of the Insurance and Bonding Institutions Law.
11.- The resolutions issued by the administrative authorities that end an administrative procedure, an instance, or resolve a file.
12.- Resolutions that resolve administrative ordinary remedies contested before the same public administration.
13.- The resolutions that are configured by fictitious refusal in the matters by the expiration of the period established by the laws of each matter or, failing that, within three months, as well as those that deny the issuance of the certificate of having configured the fictitious positive resolution, when it is provided for by the law that governs said matters.
14.- Resolutions that decide the legal remedy provided for in the General Law of Administrative Responsibilities regarding public servants.
15.- Resolutions favorable to individuals, when they are considered contrary to the law, the authority itself can challenge them, seeking to annul the administrative act (this has as statutes of limitations 5 years)
16.- Against the resolution derived from an administrative legal remedy where it is deemed not to have been filed timely or is dismissed as inadmissible.
17.- Against administrative resolutions derived from administrative legal remedies where the individual’s claim is partially granted on those issues that continue to affect them.
II.- Parties
The people, whether private or official, who can intervene in contentious administrative trials in Chihuahua are:
1.- The plaintiff, which may be an individual— natural or legal person—, as well as the administrative authority itself, when challenging the annulment of administrative resolutions in favor of individuals.
Whenever two or more people challenge together because the same resolution affects them, they must appoint a common representative to process the trial. If not, the magistrate in charge of processing the trial will do so.
2.- The defendant, who is generally an administrative authority that issued the contested resolution, even though it may also be an individual when the authority initiates the Contentious Administrative Trial to annul an administrative act in favor of that individual.
3.- Third parties with rights incompatible with the plaintiff’s claim, such as its workers, where their participation is very active—mostly in federal matters—due to tax issues.
III.- Administrative Complaint (Demanda)
The administrative complaint shall be filed in writing directly before the State Court of Administrative Justice, which is located at Avenida Mirador #7515, Campestre Washington, Campestre-Lomas, with zip code 31217 in the city of Chihuahua, Chihuahua, or through the Mexican Postal Service by registered mail.
The administrative complaint must contain the following:
1.- Name or company name of the plaintiff and the address to receive all notifications or summons in Chihuahua capital. However, if your tax address is in a different municipality of Chihuahua, you can also add that one to be notified there.
2.- The administrative resolution that is challenged or the decree, agreement, or general act that is challenged, in which case the date of its publication must be indicated.
3.- The defendant authority or, when the authority acts as the plaintiff, the name, denomination, or company name of the individual whose administrative resolution is sought to be annulled.
4.- The background of the case that sustains the claims.
5.- The evidence you may offer and present in the administrative court.
Note: If expert witness or testimonial evidence is offered, care must be taken to specify the facts that are intended to be proven with such evidence and their addresses. Otherwise, the court will discard these proofs. Finally, the questionnaire with the questions that the expert or witnesses must answer must be displayed in a sealed envelope.
6.- Issues or arguments challenging the act of the authority.
7.- When it exists, the name and address of the interested third party (who has an interest in the subsisting of the challenged or contested act)
8.- The requests, claims, or what is sought under the court.
9.- The intention of whether or not to submit to the alternative mechanism for resolving the dispute.
Note: that alternative mechanism is regulated in the law itself and is carried out through a facilitator who is a special legal clerk authorized for this purpose. I will discuss this procedure in a later blog entry given its importance and extent.
A) Administrative Complaint Prevention and Disallowance
If, while processing the claim, the administrative court detects that the plaintiff did not satisfy the fractions set forth above, it shall take the following actions:
| Omitted numerals | Sanction |
| 1 | The administrative complaint and its claims shall be considered not filed |
| 2 and 6 | The claim shall be regarded as inadmissible. Therefore, the administrative court shall dismiss it |
| 3, 4, 5, 7, and 8 | The plaintiff shall be required to amend its administrative complaint within 5 business days, warning him that if he does not do so, the claim shall be considered not filed |
| 9 | It shall be understood that the plaintiff does not wish to be submitted to the alternative dispute resolution mechanism |
B) Attachments
With the administrative complaint, the plaintiff must attach the following documents:
1.- Simple copies of the administrative complaint and all the documents attached to it for each party.
2.- The document that certifies the representation with which he filed the case as a representative.
3.- The document containing the contested or challenged administrative resolution.
4.- When a fictitious refusal resolution is challenged, attach a copy showing the receipt stamp of the instance not expressly resolved by the authority.
5.- The contested resolution’s notification.
6.- If applicable, indicate whether the contested resolution was not received or made by email.
7.- If expert evidence was offered, the questionnaire that the expert must answer, signed by the plaintiff.
8.- If testimony evidence was offered, the interrogation of said evidence also signed by the plaintiff.
9.- The documentary evidence the plaintiff offers and has in his possession.
If the documentary evidence has not been obtained, as plaintiff, you must precisely indicate the registry or place where it is, attach the document where you requested it, and explain the reason for the impossibility of obtaining it so that the court, at your expense, order a copy of the documents to be issued or order their submission to the file.
C) Failure to Submit Attachments and Its Consequences
If the above documents are not attached while filing the administrative complaint, the administrative court shall require you to present them within 5 business days.
If you do not present them within that period and they are the documents referred to in numerals 1 to 6, your administrative complaint shall be considered not submitted. On the other hand, if it is the evidence referred to in numerals 7, 8, and 9, it shall simply be considered not attached.
IV.- Terms
The administrative complaint must be filed within the following deadlines and will be computed based on the following hypotheses:
| Term | Computed |
| 30 business days | After the notification of the contested resolution has taken effect, which shall be determined under the law from which the contested act emanates. |
| 30 business days | After the decree, agreement, act, or general administrative resolution has entered into force when it is self-enforcing. |
| 30 business days | After the notification of the Plenary Session of the State Court of Administrative Justice that resolves a legal remedy takes effect in the sense that it must be processed in the form of a trial of the administrative complaint. |
| Five years | After the issuance of an administrative resolution in favor of an individual, the authority can challenge it and demand its modification or annulment. |
Finally, when an individual dies during the period to initiate the Contentious Administrative Trial, the period shall be suspended for a maximum of one year, during which the executor of his estate must initiate the trial. The same period applies in cases of incapacity or declaration of absence duly decreed by the judicial authority.
A) Challenge of the Contested Resolution’s Notification
In cases where the administrative authority has not notified you or, as often happens, pretends to have done so, this is illegal, and you must challenge the notification because, if you do not, your lawsuit will be dismissed for being filed late. Here is how to do it:
1.- If you claim to know the challenged resolution but regard its notification as illegal, you must draft issues against the resolution, which is, let’s say, a claim ‘on merits’ and against the notification. At the same time, state the date and how you found out about the resolution.
2.- In case you state that you do not know the resolution that you intend to challenge, but you do know the alleged notification made by the authority, you shall have to wait until the authority answers the claim to challenge the merits of the case. This is due to the fact that the authority shall have an obligation to attach the resolution and the notification record to its answer. Once you know both acts, you must express issues regarding both acts through a legal institution called ‘extension of the administrative complaint’ (ampliación de demanda).
Once the respective file record is poised to be resolved, the Plenary of the State Court of Administrative Justice shall first study the issues related to the notification of the challenged resolution; if it declares them founded, then the case’s merits shall be studied.
On the other hand, if the plenary concludes that the notification is legal, it shall analyze whether the claim was filed timely. If not, it shall declare the trial inadmissible because the legal institution known as consented acts.
V.- Answer
Once the claim is admitted, the defendant shall have 30 business days from the date the summons takes effect to answer it. Answer that the defendant must express the following:
1.- Motions of prior and special pronouncement (controversies related to the main claim but that must be processed before the trial is resolved, such as incompetence by matter, accumulation of trials, nullity of notifications, etc.)
2.- The hypotheses for the inadmissibility of the case or arguments that explain why there is an impediment to resolving the case on merits.
3.- Respond to each of the facts formulated by the plaintiff, expressing whether he affirms or denies them or explaining how they occurred.
4.- The legal reasoning by which the ineffectiveness of the plaintiff’s arguments is demonstrated.
5.- In the event that the plaintiff has claimed compensation, also the arguments aimed at refuting its basis.
6.- The evidence that proves the authorities’s facts.
7.- Like the plaintiff, if the authority intends to offer witnesses and expert evidence, it must indicate their full names and express in detail the facts that it intends to prove with that evidence.
A) Submission
After reading the administrative complaint, the authority may realize that the plaintiff is right and, consequently, submit for all of his claims under a legal institution called ‘submission’ or, in Spanish, allanamiento. If the case’s merits are evident and still the defendant refuses to acknowledge it, the defendant may be condemned to pay compensation for the damages caused to the plaintiff, which in any case shall be decided through an interlocutory judgment when the main judgment is enforced.
As for the law on the matter, it includes a list of what should be understood as a serious cause that could motivate the submission by the authority—which in any case is a discretionary decision—and which are the following:
1.- When the contested resolution is annulled due to a lack of justification or motivation regarding the substance of the matter or to justify the authority’s jurisdiction.
2.- The contested resolution is contrary to jurisprudencia (binding precedent) on legality issued by Mexico’s Supreme Court of Justice if it was issued before the answer to the administrative complaint.
3.- The contested resolution is annulled because the authority uses discretionary powers for purposes other than law-established ones.
B) Express Negative
As I stated in point 13 of the State Court of Administrative Justice’s jurisdiction, it has jurisdiction to resolve cases in which, due to administrative silence, the plaintiff doesn’t have an express resolution to combat. Therefore, he may file an administrative litigation under a legal institution known as ficta or tacit refusal. Thus, from this logic, the administrative court also has jurisdiction over those cases in which the defendant expressly supports his negative of the plaintiff’s petition in its answer.
In that case, and at the time of answering the claim, the authority is empowered to express the facts and legal considerations that, in any case, illustrate why the plaintiff should be denied what he petitioned before the administrative authority. Thereby, if the answer to the claim is admitted, the fictitious refusal becomes an express refusal that the plaintiff, as we will see a little later, can challenge through the extension of the administrative claim or through filing an autonomous Contentious Administrative Trial.
C) Attachments
Similar to the administrative complaint, the defendant has specific obligations to attach the following documents to its answer:
1.- Simple copies of the answer and all attached documents to the answer.
2.- The document proving the representation in the event that the defendant is a private individual or legal entity and is being represented.
Note: It is important to point out that the public administration in the Contentious Administrative Trial is not represented under civil institutions, such as a power of attorney, etc., but rather the way of proving the representation of a certain Secretariat, Directorate, Administrative Unit, etc. is done by indicating in detail the regulations that grant such representation under the terms of article 5 of the law. This is reinforced by the jurisprudential criterion: CONTENTIOUS ADMINISTRATIVE TRIAL IN THE STATE OF MEXICO. AN ATTORNEY OR REPRESENTATIVE OF THE DEFENDANT CANNOT REPRESENT ITS INTERESTS THROUGH A CONTRACT BASED ON CIVIL LAW[1], applicable in our state for analogy of reasons.
Previous representation is generally proved by indicating the sections, legal provisions, and stating the applicable regulations given that this must be published in the Official Gazette of the State of Chihuahua and is not subject to proof, as noted in the following jurisprudential criterion issued by Mexico’s Supreme Court of Justice: EVIDENCE. BURDEN OF PROOF REGARDING LAWS, REGULATIONS, DECREES, AND AGREEMENTS OF GENERAL INTEREST PUBLISHED IN THE OFFICIAL GAZETTE OF THE FEDERATION[2].
3.- The signed questionnaire must be submitted when offering the expert witness proof.
If the expert evidence questionnaire proposed by the plaintiff is expanded, it must indicate so and must adhere to the answer.
4.- The other proof supporting the defendant’s answer.
VI.- Extension of the Administrative Complaint and Its Answer
Once the administrative complaint has been answered by the defendant, within the next ten business days, the plaintiff may extend his administrative complaint in the following hypotheses:
1.- When a fictitious refusal is challenged.
2.- This hypothesis is common and applies when the defendant, when answering the administrative complaint, provides arguments of why the plaintiff’s request should be denied, transforming the fictitious refusal into an express refusal. In this hypothesis, the plaintiff has two options: 1) extend the administrative complaint or 2) file a new autonomous Contentious Administrative Trial against, beginning to compute 30 business days for its filing on the next day in which the answer is notified. The above, pursuant to this biding precedent issue by Mexico’s Supreme Court of Justice applicable to our state by analogy: EXPRESS NEGATIVE RESOLUTION. WHEN THE DEFENDANT AUTHORITY ISSUES IT AND NOTIFIES THE PLAINTIFF AT THE TIME OF ANSWERING THE COMPLAINT IN A PRIMARY TRIAL STARTED AGAINST A FICTA REFUSAL, IT MAY BE CHALLENGED BY FILING AN AUTONOMOUS TRIAL OR BY EXTENDING THE ADMINISTRATIVE COMPLAINT[3].
2.- Against the resolution and its notification when the defendant provides them in its answer.
3.- When in the answer of the administrative complaint the defendant, the authority, without improving the basis and motivation of the contested act, discloses issues not known to the plaintiff.
4.- When, in the answer, the defendant argues the dismissal of the trial due to being filed late.
A) Answer to the Extension of the Administrative Complaint
When the plaintiff extends its administrative complaint based on the above hypotheses, the administrative court shall grant ten business days to the defendant to answer that extension. The last, following the general rules for answering the administrative complaint.
VII.- Inadmissibility
Similar to the Amparo Proceedings—which, due to its importance in Mexico, I will address that topic in a PDF-guide later—, the Contentious Administrative Trial also has hypotheses for the inadmissibility of the trial, whose nature is technical and extraordinary premises established in the law that prevent the court from ruling on the merits of the matter. Premises that are the following:
1.- Acts that do not affect the legal interests of the plaintiff.
2.- Acts that are not within the jurisdiction of the State Court of Administrative Justice.
3.- On cases that have already been the subject of a ruling issued by the administrative court, as long as the parties are identical and deal with the same contested act, even if the arguments are different.
4.- When the contested act was consented because the legal remedy was not filed timely or the Contentious Administrative Trial was not promoted within the deadlines established by law.
5.- Against those acts challenged through an administrative remedy or trial and that are still pending resolution and whose nature may modify or revoke the contested act.
6.- Against those acts that must be challenged through an administrative legal remedy before going to the State Court of Administrative Justice.
7.- Against acts that are related to the one that has been challenged through the Contentious Administrative Trial.
8.- Acts that have already been the subject of a judicial procedure.
9.- Against regulations.
10.- When in the administrative complaint, the plaintiff doesn’t express issues or arguments to revoke or modify the contested act.
11.- When the Contentious Administrative Trial has been filed by the same party and against the same act on two or more occasions.
12.- In other cases where the inadmissibility arises from the administrative and fiscal laws applicable to the specific case.
VIII.- Contested Act’s Suspension
The law contemplates precautionary measures to suspend the execution of the contested act. The nature of this legal institution is to ensure that the judgment does not become a dead letter when the final judgment arrives. Therefore, through the suspension of the contested act, it is sought that it not be executed to safeguard the subject matter of the trial.
A) Requirements
Granting the contested act’s suspension shall come when the following requirements are met:
1.- That the social interest is not affected, nor are public order provisions violated.
2.- That there is no further detriment to the social interest.
The previous concepts are difficult to grasp due to their openness. That is, the interpreter has too much discretion while construing them. Unfortunately, the law on the matter does not provide the bases or examples to elucidate what could be acts that affect the social interest or public order as, for example, the Amparo Law does in its article 129 regarding the suspension of the challenged act, which is an institution similar to the one being studied.
B) Hypotheses
Inasmuch of the diversity of cases in which the State Court of Administrative Justice has jurisdiction to analyze acts of the administrative authorities, certain cases have their particularities to grant the suspension of the contested act, which are:
1.- In suspending acts of determination, liquidation, execution, or collection of contributions and tax liabilities, the tax interest must be guaranteed following the Tax Code of the State of Chihuahua.
2.- When the suspension may harm third parties, it may be granted as long as the guarantee is sufficient to repair or compensate for the damage or loss caused by obtaining the precautionary measure. The guarantee amount is set at the discretion of the magistrate who processes the case.
C) Formality
As requirements to process the precautionary measure to suspend the contested act, the following must be met:
1.- The request for suspension can be made in the administrative complaint or another document as long as the final ruling has not been issued.
2.- The administrative court must rule whether the suspension is granted within 24 hours.
3.- When ruling on the suspension, the administrative court shall request a report from the defendant regarding the suspension, which must be submitted within 48 hours.
4.- Once the period within which the requested authority has to submit its report has expired, whether with or without it, within 5 business days, the administrative court must issue a final interlocutory judgment granting or denying the suspension.
5. Until a final judgment is issued, the administrative court may modify or revoke the terms of the definitive suspension at the request of any party.
IX.- Evidence
Without attempting to carry out an exhaustive examination of how the evidence is presented and weighed within the Contentious Administrative Trial, it only remains to say that the lawmakers state that for this trial, the admission of all types of evidence is contemplated, with the exception of the confessional by positions (which is performed in an oral hearing) and requests for reports (unless these are limited to facts that appear in documents that exist in power of the authorities) However, such an assertion sheds little light for non-lawyers so it is important to unravel it.
That said, pursuant to article 1 of the Administrative Justice Law of the State of Chihuahua, the lawmakers contemplated what is not expressly provided for by that law; the provisions of the civil procedural legislation shall be applied in a supplementary manner. In that sense, to unravel which are all those kinds of proof that are admitted in the Contentious Administrative Trial, we have to resort to article 276 of the Code of Civil Procedures of the State of Chihuahua, which contemplates the following kinds of proof:
Article 276. The law recognizes the following evidence:
I.- Confessional
II.- Public documents
III.– Private documents
IV.- Expert witnesses’ opinions
V.- Judicial inspection
VI.- Testimonies
VII.- Photographs, photostatic copies, fingerprints, digital or computer records, and, in general, all those elements contributed by the discoveries of science and technology
VIII. Human and legal presumptions
A) Supervene Proofs
As in different legal matters, the parties may present as supervening evidence those data whose knowledge they were not aware of until the final judgment is issued. The opposing party shall be allowed to object that supervene proof within 5 business days.
B) Court’s Expert Witness
Unlike other processes where the principles of strict law and dispositive prevail, that is, the initiation and continuation of the trial belong to the parties, the Administrative Justice Law of the State of Chihuahua contemplates as a faculty of the State Court of Administrative Justice to order the presentation of an expert witness when technical knowledge is needed to resolve the trial and the parties have not offered it.
X.- Case’s readiness
5 days after the trial procedures have concluded and no proceedings are pending to be resolved, the Contentious Administrative Trial shall grant 5 business days for the parties to formulate arguments. After this period, with or without arguments, the court shall declare the case ready to formulate a judgment project.
XI.- Judgment
After the case is ready to issue its judgment, within 45 business days, the State Court of Administrative Justice must decide the case. The decision must be issued unanimously or by a majority vote to be valid.
A) Judgment’s Effects
The effects in which administrative judgments may be in the Contentious Administrative Trial are the following:
I.- Confirm the validity of the contested resolution.
II.- Declare the nullity of the contested decision.
III.- When there are omissions or defects in the authority’s act that transcend the defenses of the plaintiff, the State Court of Administrative Justice shall vacate the administrative procedure for further proceedings or order issuing another administrative resolution but indicating its scope and terms.
IV.- Declare the nullity of the contested resolution and, in addition:
A) Recognize to the plaintiff the existence of a subjective right and compel its compliance.
B) Grant or establish to the plaintiff the enjoyment of the affected rights.
C) Declare the nullity of the general administrative act or resolution, causing the acts of its application to cease.
D) Declare the existence of a subjective right and condemn the authority to compensate the plaintiff for the damages caused by its public servants.
XII.- Legal Remedies
Regarding ordinary legal remedies, the Administrative Justice Law of the State of Chihuahua, unlike other federal entities, only contemplates two remedies to challenge the resolutions of the State Court of Administrative Justice: 1) reclamation and 2) reconsideration. This is due to the fact that the court is still in its infancy, and there is only one court made up of three magistrates who form the plenary session, which is scarce considering the workload in the state.
Thus, while in another states such as Mexico City contemplate a legal remedy called ‘appeal’ that is resolved by the plenary session on, among other cases, judgments issued by ordinary chambers. In our state, due to the lack of more courts—as there should be at least one in Ciudad Juárez—we do not enjoy such legal remedies because there is no point in the State Court of Administrative Justice of the State of Chihuahua, composed of a meager number of three magistrates, review their own resolutions again (even though technically that is what you do in the reconsideration as we may see)
A) Reclamation
1.- Hypotheses
This legal remedy is applicable in the following cases:
A) Against the resolutions of the court that admit or reject the administrative complaint, its answer, extensions, and any evidence offered.
B) Against resolutions that decree or deny the dismissal of the trial before the case is ready to be resolved.
C) Against resolutions that admit or reject the intervention of third parties.
2.- Terms
This legal remedy must be filed within a period of 10 business days, counted from the date the notification of the contested resolution takes effect.
Once the reclamation is admitted, it shall be sent to the counterparty to answer it within a period of 5 business days.
3.- Interlocutory Judgment
Once the term has elapsed, the Plenary Session of the State Court of Administrative Justice of the State of Chihuahua must resolve the reclamation through an interlocutory ruling within the next 5 business days.
B) Reconsideration
This ordinary legal remedy is actually only applicable to the authority and not to individuals, and it is a type of review that, in federal matters, is analogous to contemplated in administrative litigation that I will study when I deal with the Federal Administrative Justice.
1.- Standing
Only the Secretariat Responsible for Internal Control of the Executive Branch, the internal control bodies of public entities, and the Superior Audit Office of the State of Chihuahua are authorized to file this legal remedy.
2.- Hypotheses
This legal remedy is applicable to challenge final resolutions issued in the following matters:
A) Administrative responsibilities of public service personnel.
B) Responsibilities of individuals linked to serious administrative offenses or acts of corruption.
C) Tortious liability of the state.
3.-Terms
This legal remedy must be filed within 5 business days after the notification of definitive judgment. Once the reconsideration is admitted, the court grants the opposing party another 5 business days to express what is appropriate to their own interests.
4.- Judgment
Once the case is ready, it shall be resolved through a final second instance ruling by the Plenary Session of the State Court of Administrative Justice of the State of Chihuahua within a maximum period of 10 business days.
By Omar Gomez
Mexican Administrative, Tax, and Constitutional Attorney
Partner
[1] Title: II.3o.A. J/14 (10a.) THIRD COLLEGIATE COURT ON ADMINISTRATIVE MATTERS OF THE SECOND CIRCUIT. Tenth Judicial Epoch. Binding Precedent Digital Record: 2006394.
[2] Title: 2a./J. 65/2000. Second Chamber of the Supreme Court of Justice of the Nation. Ninth Judicial Epoch. Binding Precedent Digital Record: 191452.
[3] Title: 2a./J. 52/2010. Second Chamber of the Supreme Court of Justice of the Nation. Ninth Judicial Epoch. Biding Precedent. Digital Record: 164536.