Constitution36 and article 23 of Law No. 15,524, in the appeal for annulment, the
plaintiffs have to prove that ‘the contested administrative acts were contrary to a rule
of law or had been issued with misuse, abuse or excess of power.’”37
It also states that “[t]his appeal can be filed once the administrative remedies have
been exhausted….”38
On this basis, the Court merely determined whether the said appeal for annulment
before the said Tribunal was “effective, in the terms of Article 25(1) of the
Convention,” by verifying whether the Bank’s analysis of the requirement of consent
was complete and “conformed to the provisions of article 31 of Law 17,613 for the
determination of the rights that it granted.”39
b. Considerations
In this regard, it should be noted that the judgment expressly indicates that the Court
“does not have the necessary elements to analyze whether, the execution of a
judgment deciding an appeal for annulment, specifically related to the application of
article 31 of Law 17,613, could have been ineffective. This could have occurred if it
merely annulled the administrative decision and failed to determine or recognize the
rights established in the said article.”40 And, previously, it indicates that “[t]he only
case that was decided favorably by the Contentious-Administrative Tribunal was that of
two people who are not alleged victims in the instant case and, although the judgment
was provided, no information was forwarded on the consequences of the annulment of
the administrative decision in relation to the recognition of the rights granted by article
31 of Law 17,613.”41
Furthermore it is relevant to underline that the judgment also indicates that “[o]nly 22
judicial rulings deciding the appeals of 28 alleged victims were provided to the Court,
but neither the appeals nor the judicial case files were provided” so that it examined
“the effectiveness of the appeal for annulment before the Contentious-Administrative
Tribunal based on the judgments provided, domestic law, and the expert appraisal on
the matter,”42 adding that it “does not have sufficient elements to determine whether
the Contentious-Administrative Tribunal’s assessment of the evidence impaired the
effectiveness of the said remedy with regard to the respective claimants.”43
36
The Court of Administrative Law shall hear the applications for the annulment of final administrative
decisions complied with by the Administration in the exercise of its functions that are contrary to a rule of
law or issued with misuse of authority.
The jurisdiction of the Court shall also include final administrative decisions issued by other organs of the
State, the departmental governments, the autonomous entities, and the decentralized services.
The appeal for declaration of nullity may only be exercised by the possessor of a right or of a direct, personal
and legitimate interest violated or harmed by the administrative decision.”
37
Para. 101.
38
Para. 102.
39
Para. 216.
40
Para. 212.
41
Para. 211.
42
Para. 207.
43
Para. 217.
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