Law No. 13-07
THE NATIONAL CONGRESS
In the Name of the Republic
Law No. 13-07
CONSIDERING that in the constitutional system of separation of powers Republic
Dominican monopoly of the judicial function of the state resides in the Courts
that make up the Judiciary;
WHEREAS by Law 1494 of 1947, the Court was instituted
Higher Administrative order to know the legality of the actions of the
organs and entities of the Public Administration, ranking institutionally said
court in the field of the executive branch, since judges would be appointed
by that branch of government, thereby constituting what is the Administrative Law
known as the justice system retained, that is, that the administration is judged whether
same;
WHEREAS by Law 2998, dated July 8, 1951, the
powers in the administrative courts were assigned him to the House of
Accounts, a constitutional body of external financial control of the State, whose members
They are appointed by the Senate from a list that shows you the power
Executive;
CONSIDERING: That dated 20 May 1954, by Law
3835, a link of the administrative jurisdiction was established with the Power
Judicial, by providing that the decisions of the Supreme Administrative Court may be
subject of an appeal before the Supreme Court;
CONSIDERING that one of the cornerstones of the "Reform Program
Institutional Modernization of the National Congress and the Chamber of Accounts
Dominican Republic, "as it pertains to external financial control body of the State,
It constitutes the relative separation of the control function, the contenciosaadministrativa,
so the Law 10-04 dated January 20, 2004, set out in the
Article 58 that the "Chamber of Accounts continue to perform the functions Tribunal
Higher Administrative until it is approved and goes into effect new legislation
to assign these functions to another body ";
WHEREAS under Law 10-04, the Chamber of Accounts is authorized
to issue administrative acts on liability of public officials
when they engage in acts or omissions that cause economic harm to a
public entity, which may be challenged before the Supreme Administrative Court, whose
powers now exercised self Chamber of Accounts, which is affecting the
principle of impartiality and effective judicial protection;
WHEREAS: The Monetary and Financial Law 183-02, creates a Court
Administrative Monetary and Financial of which for reasons of economy
it has not been put into operation by the Supreme Court, constituting
currently, acts liable to be challenged before the specialized jurisdiction,
free areas of judicial detriment of the rule of law;
WHEREAS: The location of the headquarters of the Tax Dispute Court
Santo Domingo is a constraint to access to justice in disputes
administrative litigation at the municipal level;
CONSIDERING that one of the fundamental deficiencies vitiating the system
Control contentious administrative and tax litigation constitutes the absence of
a procedure for the adoption of precautionary measures as counterweights to
declaratory and executive privilege autotutela which is vested with the
public administration;
WHEREAS currently the Commissioner for Reform and
Modernization of Justice in conjunction with the Programme of the Union PARME
European, it is sponsoring a bill on the activities of the administration and
control by the courts, which includes a "vacatio legis" for its entry into force
not less than one year, in order to prepare human resources and materials for
implementation, as it entails a complete change of model contentious Control
administrative target type, to a subjective control to ensure effectively
rights managed, also introducing two levels of jurisdiction
in the field of administrative jurisdiction;
WHEREAS: The vote and enactment of a law is necessary
transition postponed start the process towards the establishment of a
system of judicial review of administrative action, advancing some
aspects of reform, as are the possibility of action
Precautionary during the administrative proceedings, the extension of the
competition and the deadline to attend the contentious administrative jurisdiction and
tax, the optional nature of administrative resources and the system
representation to the jurisdiction of the organs and entities that make up the
public administration;
He HAS PASSED THE FOLLOWING LAW:
Section 1. Devolution. It provides that the powers hereinafter
the Supreme Administrative Court attributed in Law No. 1494, 1947, and other
laws, as well as the Administrative Court of the Monetary and Financial
They are exercised by the Tax Dispute Court instituted by Law 11-92, 1992
which from the entry into force of this law court will be called
Tax and Administrative Litigation.
Paragraph: Extension Competencias.- The Tax Dispute Court and
Administrative also have jurisdiction to hear: (a) responsibility
patrimonial state, its autonomous bodies, the National District, the
municipalities of the province of Santo Domingo, and their officers,
for their failure or breach of the decisions issued by judicial authority
competent them to decide disputes concerning acts inherent to their duties; (B)
acts and dispositions of professional corporations adopted in the exercise of
public powers; (C) the procedures concerning the forced expropriation of
public utility or social interest; and (d) cases via administrative done, except
matter of individual freedom.
Section 2. Creating Salas. The Supreme Court, in response to the number of
matters may divide the Tax and Administrative Court in Salas
composed of no less than three (3) judges, among which will be a President.
Article 3. Administrative Municipal. The Court of First Instance
civil, with the exception of the National District and the Province of powers
Santo Domingo, shall have jurisdiction, in one instance, and under
tax litigation proceedings, disputes contentious nature
Administrative arising between people and municipalities, among which include
liability lawsuits against the municipality and its officials for acts
inherent in their duties, with the exception of those originating with driving
motor vehicles, as well as cases of administrative done via incurred by the
Municipality. To rule on these cases the Courts of First Instance apply the
principles and norms of Administrative Law and only resort exceptionally,
in their absence, the appropriate provisions of civil law.
Article 4. Exhaustion administrative optional. Depletion via
Management is optional for the filing of appeals, litigation
administrative and tax litigation against administrative acts issued by the
organs and entities of public administration, except in civil service
administrative career.
Paragraph I. If you go directly to the courts, without having exhausted the road
administrative, the superior organ or competent authority, may confirm,
modify, cancel, revoke, or terminate the administrative conduct challenged for the benefit of
administered within fifteen (15) days of notification of the request
contentiva resource, without suspension of the proceedings.
Paragraph II If within the period prescribed in the preceding paragraph, the body or entity
Public Administration changed, canceled, revoked, cease, amend or correct conduct
Administrative adopted for the benefit of managed, it will terminate the process.
Paragraph III Public servants subject to the provisions of Law No.14-91 of
Civil Service and Administrative Career, dated May 20, 1991, have a term of
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