Federal Decree No. 327/2020 and Buenos Aires Province Decree No. 167/2020: extension in administrative terms suspension.
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Public Law Department Report | Federal Decree No. 327/2020 and Buenos Aires Province Decree No. 167/2020: extension in administrative terms suspension.
Within the state of sanitary emergency currently in force, the National Executive Branch and the Gobernor of Province of Buenos Aires extended the suspension of terms of administrative procedures:
a) Terms suspension in Federal administrative procedures: On March 31st the Federal Executive Branch issued Decree No. 327/2020, by means of which it extended the suspension of all terms in ongoing administrative procedures through April 12th, 2020. It is worth reminding that, by means of Decree No. 298/2020, the Federal Executive Branch had suspended terms in administrative procedures between March 20th through March 31st.
Said suspension and its extension apply both to general administrative procedures under Law No. 19,549 –National Administrative Procedures Act–, as well as special administrative procedures regulated by sectoral legislation. Administrative procedures related to the health emergency are exempted from suspension.
Said suspension of terms does not affect: (i) statutory limitations to sue the Federal Government, (ii) the 90-days deadline to sue the Federal Government nor (iii) deadlines for filing judicial appeals, since said terms must be computed in judicial working days. Nonetheless, said terms are also suspended during the extraordinary judicial recess which will be in effect from March 20th through April 12nd 2020, both dates included (Federal Supreme Court’s Resolutions 6/2020 and 8/2020). In accordance with the Federal Supreme Court´s Resolution 6/2020, during the extraordinary judicial recess all judicial proceedings and terms will be also suspended, except for urgent matters such as criminal procedures, family matters or healthcare access requests.
b) In Buenos Aires Province terms in ongoing administrative procedures will be suspended through April 15th (Decrees No. 167/2020 and 180/2020) with the same exemptions noted above. On the other hand, terms in judicial procedures will be suspended through April 12th (Buenos Aires Supreme Court’s Resolutions 386/2020 and 14/2020).
We remain at your full disposal to answer any and all queries you may have regarding the subject matter.
Juan Antonio Stupenengo
Vicente Kenny