Mechanisms for addressing the administration's intransigence in the implementation of judicial rulings

Abstract

The public administration often resorts to evasion when implementing judgments issued against it, creating obstacles and difficulties to avoid the effects of res judicata. Its refusal to implement judgments is manifested in procrastination, laxity, defective or incomplete implementation, or outright abstention. General principles require public authorities to respect constitutional legitimacy and the law, as well as the general principles and rules established by the administrative judiciary in its system of oversight over the legality of decisions and actions of the public administration. The latter is obligated to respect the force of res judicata. Failure to respect these rules leads to an imbalance between the extent of implementation of judicial rulings by the individual and the administration.