Administrative judges. ¿Are they a solution to the jurisdiction congestion?

Abstract

To solve the jurisdiction congestion of the contentious administrative, 257 administrative judges were created. They will receive 73% of the Superior Tribunal current load. For this reason, the Administrative judges will be born congested. Only through the application of Procedural Economy and Process Direction principles, they will be able to process more effectively this load than the Tribunals. For this effect, in this study, a group of norms stated in the Civil Procedure and Contentious Code are pointed out, in which practical application in conformity with the jurisprudential guidelines allows to battle the unjustified ritualism and the dilatory practices of the proxies. In consequence it will concern the new administrative judges to change the traditional passive and obliging attitude, to assume their new role of director of the processes. For this effect, the application of the best practices will be required and of the procedural economy, especially in  the stages of admission of the lawsuit and of decree of evidence. With this objective, their concern should be: a) To course only the processes that have legal viability, to meet the procedural budgets completely  of: lawsuit in form, judge’s competence and opportunity of action; b) To limit the decree and practice of evidence to the strictly necessary and conducive ones, or substituting them by those more efficient and effective; and c) Through phone communication, to obtain the cooperation of the parts, and of the assistants of the justice.