Organic Law of the Administrative Court of Justice
Dear Clients and Friends:
This past June 27 2016, the Organic Law of the Administrative Justice Court for the State of Baja California Sur (the “Law”) was published in the Official Bulletin of the Government of the State of Baja California Sur, which came into force the date of its issuance.
Such regulation, was issued as result of the creation of the Administrative Justice Court of the State of Baja California Sur (the “Court”), which will be considered as an autonomous and independent organ of any administrative authority in the State, and will have full jurisdiction in matters within its competence, in accordance with the organization and procedure provided by the Law.
The Court shall have full jurisdiction to resolve disputes of administrative nature arising between the State Public Administration Authorities, Municipalities, its Decentralized offices with individuals, or of those with respect thereto.
Likewise, the Court shall have faculties to:
- Impose penalties to the state and municipal public officers for serious administrative faults, and to the individuals associated with serious administrative faults.
- Hold those responsible for the payment of the pecuniary compensations and penalties derived from damages and injuries affecting the state or municipal Public Finance, or the patrimony of the state or municipal public organisms.
- Impose to the individuals involved in acts related to serious administrative faults, sanctions of disqualification to participate in purchases, leases, services and public works; the suspension of its activities, as well as the dissolution or intervention of the respective entity; and
- Establish regulations for its organization and operation.
The Court will also resolve contentious procedures that are initiated against the final decisions or resolutions issued by administrative or fiscal authorities or decentralized offices of the State Public Administration and Municipalities of Baja California Sur.
The Court shall be in La Paz, Baja California Sur and will operate in Plenary Session and Three Ordinary Unitary Chambers, that will operate assigning in stages to each one of such chambers and will be integrated by three Senior Court Judges (Magistrados), Court Clerk of Study and Analysis (Secretario de Estudio y Cuenta), Court Clerk (Secretario de Acuerdos), Clerks (Actuarios) and the administrative personnel that might be required.
As of the date of issuance of the Law, the installation of the Court is pending, therefore, following up with the procedure provided by the Law, for this only occasion, the way to proceed will be as follows:
- The Appointment of a Senior Court Judge, who will be sworn in to initiate his activities no later than September 30, 2017, date from which he will hold his position for 6 years as sets forth by the Law;
- In 2018 the appointment of another Senior Court Judge should occur, who will be sworn in to initiate his activities on July 18, 2018, date from which he will hold his position for 6 years as sets forth by the Law; and
- In 2019 the appointment of another Senior Court Judge should occur, who will be sworn in to initiate in his charge on July 18, 2019, date from which he will hold his position for 6 years as sets forth by the Law.
For purposes of the formal installation of the Court, an Installation Resolution will be issued, which will be published in the Official Bulletin of the State Government, notwithstanding the foregoing, the Court shall begin its duties the day after the Installation Resolution issuance;
The pending matters to be resolved at the beginning of the validity of the Law, must continue with the procedure until its conclusion by the Unitary Chamber of Administrative Justice of the Superior Justice Court for the State of Baja Sur.
Note: This document is a summary with disclosure purposes only. For any comments regarding this release, please contact any member or attorney of Consulbaja S.C.