26. In accordance with the criteria reviewed, in order to evaluate if the requirement of
exhaustion of domestic remedies has been met the Commission must first determine which is
the adequate remedy to the violations alleged in the case being examined.
27. The remedy of nullification together with precautionary amparo in administrative matters is
regulated by Article 21 of the Organic Law of the Supreme Court as follows:
Any person, natural or juridical, whose rights or interests are affected by a law,
regulation, ordinance or other administrative action which is general in scope, emanating
from any of the organs of the national, state or municipal government, or who has [sic] a
personal, direct and legitimate interest in challenging an administrative action with
specific effects, may sue in the Supreme Court to have the action nullified on grounds of
it being illegal or unconstitutional.
(…)
In its final judgment, the Supreme Court of Justice will determine whether nullification of
the actions or articles being challenged is applicable or not , and it will decide the
timeframe for the effects of the decision to go in force; also, in accordance with the
terms of the petition, the Supreme Court may order cash payments and reparation for
damages caused by the administrative authority, as well as ordering the necessary
measures to be taken to remedy any individual legal situation infringed upon by the
administrative actions.
(…)
The Supreme Court may suspend the effects of an administrative action with specific
impact whose nullification has been petitioned by an interested party when the law allows
it or when the suspension is essential in order to avoid irreparable damage or damage
difficult to repair permanently taking into consideration the circumstances of the case. To
that effect, the petitioner must be required to present sufficient cause in order to
guarantee the results of the trial.
28. For its part, the responsibility of the Constitutional Chamber to decide on actions of
unconstitutionality brought by the general public to the court for its review is established in
Article 5 of the Organic Law of the Supreme Court of Justice as follows:
It is the competence of the Supreme Court of Justice as the Highest Court in the
Republic:
(…)
6. To declare wholly or partially null laws and other actions with the force of law of the
National Assembly that collide with the Constitution of the Bolivarian Republic of
Venezuela, through the exercise of the concentrated control of constitutionality. The
decision declaring the total or partial nullification must be published in the Official
Gazette of the Bolivarian Republic of Venezuela, and must specifically outline the
timeframe in which its effects would go into force.
(…)
In accordance with the Constitution of the Bolivarian Republic of Venezuela, the
concentrated control of constitutionality is to be exercised only by the Constitutional
Chamber under the provisions of this law and it cannot be exercised in cases other than
those where an action of unconstitutionality has been filed by a citizen, in which case the
principle of preparation will not be enforced to deny a petition and the Chamber may
itself compensate for any deficiencies the petitioner may exhibit in the filing with regard
to the specific laws being challenged given that it is a matter that affects the general
public. The effects of the judgment will apply to the public in general and will be
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