Public Law Department Report | Federal Decree No. 372/2020: extension of administrative terms
Dear Sir or Madam,
Within the state of sanitary emergency currently in force, the National Executive Branch extended the suspension of the terms in administrative procedures through April 26th:
Terms suspension in Federal administrative procedures: On April 14th the Federal Executive Branch issued Decree No. 372/2020, by means of which it extended the suspension of all terms in ongoing administrative procedures through April 13th up to, and including, April 26th, 2020; it is worth reminding that, by means of Decree No. 298/2020, the Federal Executive Branch suspended terms in administrative procedures between March 20th through March 31st, said suspension was later extended to April 12th through Decree No. 327/2020. The terms suspension in administrative procedures and its extensions 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 26th, 2020, both dates included (Federal Supreme Court’s Resolutions 6/2020 and 10/2020). 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.
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 26th (Buenos Aires Supreme Court’s Resolutions 386/2020 and 18/2020).
Please do not hesitate to contact us should you require any further information.
Juan Antonio Stupenengo