Vulnerabilities to Administrative Judicial Review
How administrative decisions, procurement notices, and licensing denials become legally vulnerable to appeal.
Administrative actions by public bodies must comply with strict constitutional principles. Violating these principles renders decisions vulnerable to annulment through judicial review.
1. Article 146 Recourse Deadlines and Standing
Under Article 146 of the Constitution, actions must be filed within 75 days of decision publication. The applicant must show a direct, personal interest. Missing this window bars subsequent legal recourse.
2. Grounds of Review: Abuse of Power and Lack of Inquiry
Under Law 158(I)/1999, administrative bodies must act in good faith, conduct proper inquiries, and provide clear reasoning. Decisions based on error of fact or lack of proper inquiry are regularly annulled.
3. Challenging Public Procurement Awards
Under Law 73(I)/2016, public tenders are subject to strict fairness rules. Bidders can challenge irregularities before the Tender Review Authority, halting contract execution to protect bid positions.
This briefing is prepared for general informational purposes and does not constitute direct legal advice. Clients are advised to complete independent compliance and conflict verification before making capital commitments.
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