26
89(16) On March 23, 1993, Resolution No. 052-93-CD/CCD “authorized the
Personnel Executive Directive to sign, in single and final instance, the decisions
corresponding to the complaints filed by the former employees of the Congress of
the Republic against the effects of the resolutions issued by the Administrative
Commission […] during the reorganization process.”29
89(17) On August 12, 1993, the President of the Democratic Constituent Congress
issued Resolution 159-93-CD/CCD, by which it was decided, inter alia, “[t]o recognize
the payment of remunerations and other social benefits for the period from
November 7 to December 31, 1992, in favor of 1,117 [sic] former congressional
employees […] who were dismissed owing to reorganization and streamlining under
Resolutions Nos. 1303/A-92-CACL and 1303/B-92-CACL”30 (supra para. 89(13)).
89(18) On September 18, 1994, some of the alleged victims filed a recourse in
which they requested the annulment of the resolutions ordering their termination
(supra para. 89(13)).31
89(19) Resolution No. 840-94-CCD/G.RRHH of September 26, 1994, issued by the
so-called Democratic Constituent Congress, based on Resolution No. 052-93-CD/CCD
(supra para. 89(16)) and on articles 100 and 102 of Decree Law No. 26111 (Law on
the General Norms for Administrative Procedures), considered that “the
inadmissibility of the complaint recourses filed by the said group of former
employees having been declared on an individual basis, mandated by the highest
administrative instance of the Democratic Constituent Congress, the processing of
new complaint recourses regarding the same administrative acts was therefore
inadmissible.”32
89(20) On December 15, 1994, those dismissed employees filed an appeal for
review before the Democratic Constituent Congress. 30 days later, in the absence of
a reply, the employees “considered that the administrative proceeding had been
exhausted.”33
29
Cf. Resolution No. 840-94-CCD/G.RRHH of September 26, 1994 (file of useful evidence presented
by the representatives, folio 4622).
30
Cf. Supreme resolution 159-93-CD/CCD of August 12, 1993 (file of useful evidence presented by
the representatives, folios 4620 and 4621).
31
Cf. judgment of the Constitutional Court of November 24, 1997 (file of appendixes to the
application, tome I, appendix 13, folios 513).
32
Cf. judgment of the Constitutional Court of November 24, 1997 (file of appendixes to the
application, tome I, appendix 13, folios 513), and Resolution No. 840-94-CCD/G.RRHH of September 26,
1994 (file of useful evidence presented by the representatives, folio 4622).
33
Cf. judgment of the Constitutional Court of November 24, 1997 (file of appendixes to the
application, tome I, appendix 13, folio 513); Resolution No. 840-94-CCD/G.RRHH of September 26, 1994
(file of useful evidence presented by the representatives), and article 100 of Resolution 002-94-JUS (file of
appendixes to the application, tome I, appendix 14, folio 523).
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