Law 13-07 creating the administrative litigation court in the Dominican Republic

EL CONGRESO NATIONAL

En Name of Republic

                         Act No. 13-07

CONSIDERING: That in the work constitutional of division of powers of Republic Dominican the monopoly of the function jurisdictional of the State resides in the Courts that make up the The ability to Judicial;

CONSIDERING: That through the Act 1494, from year and we will announce 1947, the Court Administrative Superior with the purpose of knowing the legality of the actions of the organs and entities of the Administration Public, locating itself institutionally saying organ jurisdictional in the field of The ability to Executive, since its judges would be appointed by that The ability to of the State, thus configuring what in the Law School Administrative is known as the work de Justice retained, that is, that the administration judges herself;

CONSIDERING: That through the Act 2998, the when and where July 8, 1951, the powers in the field contentious administrative were assigned to the Camera of Accounts, organ constitutional external financial control of the State, whose members are appointed by the Senate of Republic from a shortlist presented to him by the The ability to Executive;

CONSIDERING: What in when and where 20 del month May of year and we will announce 1954, through the Act 3835, a was established link of jurisdiction administrative litigation with the The ability to Judicial, by providing that the decisions of the Court Administrative Superior may be object a resource de cassation before The Supreme Cutting de Justice;

CONSIDERING: That one of the fundamental axes of the “Program of Reform Institutional and Modernization of the Congress dome National and Camera of Accounts of the Republic Dominican Republic”, in relation to the organ of external financial control of the State, is constituted by the relative one separation of the control function, of the contentious-administrative function, for which reason the Act 10-04, of when and where January 20, 2004, provided in the Article 58 that the “Camera of Accounts will continue to perform the functions of Court Administrative Superior until it is approved and enters into force validity new legislation to assign these functions to another body";

CONSIDERING: Which as seen here to Act 10-04, the Camera The Court of Accounts is empowered to issue administrative acts in matters of responsibility of public officials when they engage in actions or omissions that cause a damage economical to a entity public, which are challengeable before the Court Administrative Superior, whose

powers currently exercised by the company itself Camera of Accounts, which affects the principle de impartiality and effective judicial protection;

CONSIDERING: That Act Monetary and Financial No. 183-02, creates a Court Litigation Administrative of the Monetary and Financial, which for reasons of economy has not been put into operation by the Supreme Court Cutting de Justice, currently constituting the acts that can be challenged before that jurisdiction specialized, areas exempt from control jurisdictional en detriment of the State Law;

CONSIDERING: That the location of the headquarters of the Court Litigation Tax in the city of Santo Domingo is a limitation for access to the Justice in contentious administrative disputes in the field municipal;

CONSIDERING: That one of the fundamental deficiencies that the work of control contentious administrative and contentious The tax is constituted by the nonexistence of a proceedings for adoption of the precautionary measures that serve as a counterweight to the privilege of declarative and executive self-protection with which the administration public;

CONSIDERING: That currently the Commissioner for the Reform and Modernization of the Justice jointly with the European Union's PARME Programme, is sponsoring a blueprint de law on the activity of the administration and its control by the courts, which includes a “vacatio legis” for your entry into validity No. less a year and we will announce, in order to prepare the resources human and material resources for its implementation, since it entails a cultural, absolute control model contentious administrative of type objective, towards a subjective control that effectively guarantees the derechos of the administered, also introducing the double degree of jurisdiction in the field of jurisdiction administrative litigation;

CONSIDERING: That it is necessary the vote y promulgation of a Act transition that sets in motion the unavoidable proceedings towards the establishment a work of control jurisdictional of administrative activity, advancing some aspects of the reform, such as the possibility of the adoption of precautionary measures in the course of the proceedings contentious administrative, the extension of competition and the Plazo to go to the jurisdiction administrative and tax litigation, the optional nature of the resources administrative, as well as the work de representation before that jurisdiction of the bodies and entities that make up the administration public;

HAS GIVEN THE FOLLOWING LAW:

Article 1.- Transfer of Powers. It is hereby provided that from now on the powers of the Court Superior Administrative assigned in the Act No. 1494, of 1947, and in other laws, as well as those of the Court Litigation Administrative, Monetary and Financial, are exercised by the Court Litigation Tax instituted in the Act 11-92, of 1992,

the one that from the entry into validity of the present law will be called Court Litigation Tax and Administrative.

Paragraph: Extension of Competencies.- El Court Litigation Tax and Administrative will have competition also to know: (a) of the responsibility heritage of the State, of its autonomous bodies, of the District National, of the municipalities that make up the province of Santo Domingo, as well as its officials, for their failure to observe or fail to comply with the decisions issued by authority competent judicial body, which resolve disputes relating to acts inherent to its functions; (b) the acts and provisions of professional corporations adopted in the exercise of public powers; (c) the procedures relating to the expropriation forced by cause de utility public or interest social; and (d) cases of by in fact administrative, except in matters of freedom individually.

Article 2.- Creation of Rooms. the supreme Cutting de Justice, depending on the number of issues, may divide the Court Litigation Tax and Administrative in Chambers composed of no less than three (3) magistrates, among which there will be a President.

Article 3.- Litigation Administrative Municipal. El Court de First Instance in its civil powers, with the exception of those in the District National and Town \ Province of Santo Domingo, will be competent to hear, in instance unique, and as seen here al proceedings contentious tax, of the disputes of an administrative contentious nature that arise between people and Municipalities, including claims in responsibility heritage against Municipality (Select) and its officials for acts inherent to their functions, with the sole exception of those originating from the driving of motor vehicles, as well as cases of by in fact administrative incurred by the Municipality (Select). When ruling on these cases, the Courts of First Instance will apply the principles and rules of the Law School Administrative and will only appeal in exceptional cases, in absence of these, to the appropriate precepts of the legislation civil.

Article 4.- Facultative exhaustion by Legal. The exhaustion of the by administrative will be optional for the filing of the resources, contentious administrative and contentious tax, against administrative acts issued by the bodies and entities of the administration public, except in matters of the service civil and administrative career.

Paragraph I.- If you go directly to the by jurisdictional, without haber exhausted the by administrative, the hierarchical superior of the organ o entity competent, may confirm, modify, cancel, revoke, or cease the contested administrative conduct, in benefit of the administered, within the first fifteen (15) days of the notification of instance containing the resource, without suspension of the procedures.

Paragraph II.- If within the Plazo indicated in the previous paragraph, the organ o entity of Administration Public modifies, annuls, revokes, ceases, amends or corrects the administrative conduct adopted, in benefit of the administered, the proceedings.

Paragraph III.- Public servants subject to the provisions of the Act No.14-91, of Service Civil law and Administrative Career, of when and where May 20, 1991, they will have a Plazo ten (10) days to file the Resource of Reconsideration before the authorities that have arranged the acts that affect their derechos. When before the expiration This Plazo, said public servants submit their cases to the consideration of the Commission of Personnel created in the article 9 of the indicated Act 14-91, in its powers of instance de conciliation, saying Plazo will be interrupted and started again from the moment the Commission of Personnel has communicated to the server public that promotes action’s most emblematic landmarks, the Record Agree or Disagree.

Article 5.- Term to appeal. El Plazo to appeal before el Court Litigation Tax and Administrative, will be thirty (30) days from the to date in which the recurrent Receive the notification of the act appealed, or of the to date de publication official of the act appealed by the authority from which it has emanated or from to date of expiration of the deadlines set if it is a case of a resource due to delay or silence of Administration. If he resource contentious-administrative was directed against an action in by in fact’s most emblematic landmarks, the Plazo to interpose the resource It will be ten (10) days from the to date in which the administrative action was initiated in by in fact. In the cases of responsibility heritage of the State, the Municipalities, the autonomous organizations and their officials Plazo to appeal to the Court Litigation Tax and Administrative will be of a year and we will announce from done o act that motivates the compensation.

Article 6.- Representation of public entities. The district National and the Municipalities that make up the Town \ Province Santo Domingo will be assisted and represented in matters before the Court Litigation Tax and Administrative by Lawyers who have to carefully designate. The Administration Central of State and the autonomous bodies established by laws will be permanently represented by the Attorney General Tax, which from the entry into force validity of this law will be called Attorney General Tax and Administrative. However, public bodies and entities may appoint lawyers to represent them, which must be communicated by written al Attorney General Tax and Administrative by the holder of the organ o entity administrative, within five (5) days following the communication of the instance of empowerment, in order to refrain from produce at their representation el written de defense.

Paragraph I.- Communication of instance of empowerment.- When the Court Litigation Tax and Administrative, or the Court de First Instance receive a resource contentious administrative within the scope of their respective competencies President of the Court will dictate a auto ordering that the instance be notified to the Receiver Municipal, representative legal or maximum executive of entity u organ administrative, and to Attorney General Tax and Administrative, as appropriate ///, for the purposes of producing its defense, both on the aspects of crafts and fondo, En a Plazo which will not exceed thirty (30) days from the communication of the instance. The Tribunal Litigation Tax and Administrative at the request of the part defendant may authorize extensions of saying Plazo, taking into account the complexity of the ///, but without said extensions exceeding sixty (60) days in total.

Paragraph II.- If the person responsible for produce la defense does not do so within the time limits provided for in paragraph I above, nor does it request the Court Litigation Tax and Administrative no preparatory measures of the proceedings’s most emblematic landmarks, the President of the Court will put it in (mora) to present said defense in a Plazo which will be granted for such purposes and which will not exceed five (5) days. Once the deadlines for submitting the application have expired, defense, without it having been presented or having been presented, the parties have specified their conclusions and set out their means of defense, the controversial issue will remain in state de failure and under the jurisdiction of the Court.

Article 7.- Precautionary Measures. El recurrent You may request, at any time during the proceedings, before el President of the Court Litigation Tax and Administrative, the adoption of as many precautionary measures as necessary to ensure the effectiveness of a possible sentences that welcomes the resource contentious administrative or contentious tributary. This request will be submitted by instance separated from resource principal. Once received, the President of the Court, or that of one of its Chambers that it designates by auto, will summon the parties to a The hearing public meeting that will be held within the following five (5) days, in order to hear its arguments and conclusions, and must fail the matter in a Plazo No. Most of five (5) days.

Paragraph I. Requirements for the adoption of Preliminary Measures. The President of the Court Litigation Tax and Administrative, or one of its Chambers, will adopt the measure precautionary suitable whenever: (a) Situations may arise that prevent or hinder the effectiveness of the protection that could be granted in the sentences; (b) Of the allegations and documents provided by the applicant, without prejudge el fondo of the matter, the claim appears to be well founded; and (c) It does not seriously disturb the interest public or third parties that are part at the proceedings. If the measure precautionary damages may arise, the Constitution of a Warranty or agree on measures that are appropriate to avoid or alleviate such damages. In this /// measure precautionary adopted will not be carried out effect until the credit is provided fulfillment of Warranty.

Paragraph II. Modification or lifting of precautionary measures. El President of the Court Litigation Tax and Administrative, or one of its Chambers, may agree the modification or lifting of the precautionary measures, provided that: (a) It is proven circumstances that could not be taken into account account upon granting; (b) If the circumstances by virtue of which they had been adopted; (c) If, given any of the assumptions described in the previous sections of this paragraph, the State and entity public defendant proves that the measure precautionary adopted seriously injures the interest public.

Paragraph III. In everything related to the acts emanating from the Administration Tax, made up of the Address General of Customs and the Address General of Internal Revenue, as well as the Administration Monetary and Financial, the precautionary measures will be governed in accordance with the provisions established in the Act 11-92, of when and where May 16, 1992 and its amendments (Code Tributary of the Republic Dominican Republic), the Act No.3489 of when and where October 14, 1953 and its amendments, and the Act Monetary and

Financial No. 183-02, of when and where November 21, 2002, and other laws governing such matters, as applicable.

Paragraph IV. Advance precautionary measures. Precautionary measures may be requested from the President of the Court Litigation Tax and Administrative, before the start of the proceedings contentious administrative. In /// that the measure precautionary be granted, the resource contentious administrative or contentious tax must be submitted in the Plazo provided for in this law; otherwise, it will be ordered to be lifted and it will be condemned to death. part applicant to the paid by costas. In /// that the administrator has filed resource en by administrative the Plazo to interpose the resource contentious administrative or contentious tax, for the purposes of this paragraph, is computed from the moment in which the by administrative.

Paragraph V. Measure precautionary before him Court de First Instance. In the cases provided for in the article 3 of this Act, adoption of the precautionary measures provided for in the preceding paragraphs, as well as their modification or lifting, will be requested from the Referral Judge.

Paragraph VI. Character suspensive sanctioning acts. The application of adoption of a measure precautionary en relationship to a act administrative sanctioning will have a character suspensive While it is known and established in relationship to request.

Article 8.- Absence de effect suspensive. La demand en suspension filed in occasion a Resource de Cassation before The Supreme Cutting de Justice against the sentences issued by the Court Litigation Tax and Administrative, or its President or that of one of its rooms, In terms of precautionary measures, there will be no effect suspensive.

Article 9.- Ongoing files. La Camera The Accounts Department will send it as soon as possible Plazo and low Inventory al Court Litigation Tax and Administrative, all files that are currently in progress instruction or pending failure, so that they continue their course before el Court Litigation Tax and Administrative.

Article 10.- Faculty regulatory. the supreme Cutting de Justice is empowered to dictate the regulations necessary to facilitate the application of this Act.

Article 11.- Repeal general. All are hereby repealed. law o part de law that is contrary to this law. "

DADA in the Living Room of Sessions of the Senate, Palace of the Congress dome National, in Santo Domingo de Guzman, District National, capital of Republic Dominican Republic, twenty-five (25) days after month October of year and we will announce two thousand six (2006); 163 years of the Independence and 144 of the Restoration.

Reinaldo Walls Perez,

President