EFECTOS DE LA SENTENCIA ANULATORIA DICTADA POR EL TRIBUNAL DE LO CONTENCIOSO ADMINISTRATIVO EN RELACIÓN AL ALCANCE SUBJETIVO Análisis del artículo 311 de la Constitución de la República, y su aplicación

Abstract

This paper will address the issue of the scope of the inter partes or erga omnes effects that an annulment judgment issued by the Administrative Litigation Tribunal has or may have, making special emphasis on the analysis of the Administrative Litigation Tribunal’s current stand on the matter as far as section 311, second subsection of the Constitution is concerned. Said provision establishes the general and abstract effects of annulment judgments, leaving aside the rule of res iudicata, which only extends to the parties to said judgment. Specifically, a primary analysis will be undertaken to help understand whether, pursuant to the constitutional provisions, the Administrative Litigation Tribunal is bound to grant erga omnes effects to its rulings (state of obligation) or if it has the “powers” to do so, as the most recent case law in the matter has held.