Administrative Act Annulment: Deadline and Grounds
On 15 January 2025, the Luanda Provincial Government issued an order closing 'Restaurante Sabores', owned by Ana Costa, for alleged health code violations. The order was based on an inspection report that Ana claims was fabricated by a rival. Ana received the order on 20 January 2025. She filed an administrative appeal to the Governor on 25 January, which was rejected on 10 February 2025. On 1 March 2025, Ana filed a lawsuit in the Administrative Court seeking annulment of the closure order. The Administrative Procedure Code sets a 30-day deadline for judicial review of administrative acts, starting from the date of notification or from the rejection of the administrative appeal. The court must decide whether the lawsuit is timely and whether the act should be annulled.
1. Is Ana’s lawsuit timely? Calculate the deadline and explain.
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The deadline for judicial review is 30 days from notification of the act or from rejection of the administrative appeal. Ana received the order on 20 January 2025. She filed an administrative appeal on 25 January, which was rejected on 10 February 2025. The 30-day period starts from 10 February 2025 (the date of rejection). Counting 30 days from 10 February gives 12 March 2025. Ana filed on 1 March 2025, which is within the deadline. Therefore, the lawsuit is timely. Note: if the appeal had not been filed, the deadline would have started on 20 January and expired on 19 February. But because she exhausted the administrative remedy, the deadline is extended.
2. What grounds can Ana invoke to annul the closure order, and what must the court consider?
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Ana can invoke: (1) lack of factual basis (the inspection report was fabricated), (2) violation of the right to be heard (she was not given a chance to respond before the closure), (3) abuse of power (if the rival influenced the decision), and (4) proportionality (closure is a drastic measure for alleged violations). The court must review the legality of the act, including whether the facts existed, whether the correct procedure was followed, and whether the decision was proportionate. The court can annul the order if any ground is proven. Ana should present evidence (e.g., witness testimony, the actual health inspection records) to show the report was false. The court may also consider whether the closure was a disproportionate sanction. If annulled, the court can order reopening and possibly compensation.