The non voiding effects of the voidable administrative acts: An obstacle to the acknowledgment of a non-contractual civil liability of the administration for unlawful administrative acts?

Abstract

The existence of a redress claim, in cases of acts whose annulling effect is removed by the legal mechanism found in Article 163 (5) of the Code of Administrative Procedure, is included in the current state of legal thought as a contentious issue, requiring the interpreter to reconcile diplomas in a task that do not appear to be simple and immediate. In fact, not only the possibility of its existence, but also the configuration of the Administration’s liability regime is a matter of discussion. The issue, as it is of great importance in the analysis of the State’s administrative function non-contractual civil liability, although it has not yet been expressed in administrative jurisprudence, has, naturally, a role that cannot be forgotten in the protection of the position of individuals towards the Administration.