Federal Decree No. 458/2020: extension in administrative terms suspension.
CIRCULAR
Public Law Department report | Federal Decree No. 458/2020: extension in administrative terms suspension
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 May 24th.
Terms suspension in Federal administrative procedures: On May 10th the Federal Executive Branch issued Decree No. 458/2020, by means of which it extended the suspension of all terms in ongoing administrative procedures through May 11th up to, and including, May 24th, 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; the suspension was later extended thrice up to May 10th (Decrees No. 327/2020, No. 372/2020 and No. 410/2020). 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 through May 24th, 2020 (Federal Supreme Court’s Resolutions 6/2020 and 14/2020). 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.
Please, do not hesitate to contact us should you require any further information or clarification on this matter.
Sincerely,
Juan Antonio Stupenengo
Vicente Kenny