Summary.
The bill proposes new wording for Article 77 of Law 32 of November 8, 1984, as amended by Law 351 of December 22, 2022. The provision concerns oversight of payment orders against a Public Treasury and administrative acts affecting public property. It assigns the Comptroller General’s Office (Contraloría General de la República) responsibility for rejecting those orders and acts when legal or economic grounds warrant that measure. The proposed amendment thus ties rejection to its legal or economic grounds and to the effects of an order or act on public funds or property.
The proposed Article 77 also addresses what would happen if the official or body that issued a payment order or administrative act insists that it be carried out. In that event, the Comptroller General’s Office would have to carry out the order or act, or ask the Administrative Litigation Chamber of the Supreme Court of Justice (Corte Suprema de Justicia) to rule on the legal viability of the payment or the execution of the act. The requested ruling would concern the payment in the case of a payment order and execution in the case of an administrative act. Under the proposed wording, the insistence comes from the official or body that issued the decision initially rejected.
Article 2 identifies the legislative change as an amendment to Article 77 of Law 32 of November 8, 1984, previously amended by Law 351 of December 22, 2022. It also provides for the repeal of any provision contrary to the proposed law. Article 3 sets the date on which it would take effect as the date of promulgation. The text therefore brings together, in one amendment, the power to reject an order or act on legal or economic grounds, the response to the issuer’s insistence, and the option of requesting a ruling from the administrative litigation chamber. The reference to Law 351 of December 22, 2022, places this proposal in the sequence of amendments to Law 32 of November 8, 1984.
The bill concerns the Comptroller General’s Office and the Supreme Court of Justice, specifically its Administrative Litigation Chamber. It would apply to officials and bodies issuing payment orders against a Public Treasury or administrative acts affecting public property, as well as to public entities whose payments, acts, or property are subject to this oversight. Its subject matter could also concern parties involved in payments charged to a Public Treasury or administrative action affecting public property, including economic sectors with payment relationships with public entities.
What it proposes.
- Rejection of payment orders against a Public Treasury.
- Oversight of administrative acts affecting public property.
- Procedure when the issuer insists on carrying out an order or act.
- Judicial ruling on the legal viability of payment or execution.
Who it would affect.
- Comptroller General’s Office (Contraloría General de la República).
- Officials or bodies issuing the covered payment orders or administrative acts.
- Public entities whose payments or property are affected.
Key points.
- The Comptroller General’s Office would reject payment orders against a Public Treasury when legal or economic grounds warrant the measure.Art. 1
- Rejection would also apply to administrative acts affecting public property under the same standard.Art. 1
- The official or body that issued the order or act could insist that it be carried out.Art. 1
- Upon such insistence, the Comptroller General’s Office would have to carry out the order or act, or seek a ruling on the legal viability of the payment or execution.Art. 1
- The bill amends Article 77 of Law 32 of November 8, 1984, and repeals any contrary provision.Art. 2
- The bill sets its effective date as the date of promulgation.Art. 3