Santo Domingo.-The Third Room of the Supreme Court of Justice (SCJ) determined that the administrative contentious jurisdiction It does not have a monopoly on conflicts related to administrative activity.
According to the court, these can find solution in other areas of law, such as labor, real estate or civil jurisdiction, depending on the characteristics of the case.
In its reasoning, contained in the ruling SCJ-TS-24-2520, of November 29, 2024, the court held: “Although the Constitution establishes the contentious administrative jurisdiction as suitable to control the activities of the State, it should not be considered as the “the only competent jurisdiction if another jurisdiction is more appropriate to resolve the conflict.”
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The rapporteur judge, Rafael Vasquez Goicoargued that due process requires that judges have technical or scientific expertise regarding the conflict submitted.
This is essential to guarantee the fundamental right to effective judicial protection, protected by article 69 of the Constitution. Deciding a case in an inadequate jurisdiction violates the substantive dimension of these fundamental rights.
The ruling, signed by judges Manuel Alexis Read Ortiz, Manuel R. Herrera Carbuccia, Moisés A. Ferrer Landrón, Anselmo Alejandro Bello Fernández and Vásquez Goico, rejected an appeal for cassation against sentence no. 0030-1643-2023-SSEN-00615, issued by the Fifth Chamber of the Superior Administrative Court on July 31, 2023.
