Administrative invalidation, limit of the presumption of legality [2.3083]

Abstract

The commentary analyzes the judgment of the Santiago de Chile Court of Appeals on May 26, 2022, trial number 35.299-2021, confirmed by the Chilean Supreme Court on June 17, 2022, trial number 21.489-2022, that concluded that the presumption of legality of an administrative act does not mean that it cannot be modified, revoked or invalidated. This case dealt with the invalidation of a previous resolution that granted a retirement pension that exceeded the legally permissible amount. The Administration invalidated said resolution following the orders of the Comptroller General of the Republic, an action that the appellant challenged, without success, alleging that it was contrary to estoppel and the principle of protection of legitimate trust. This comment shows the growing autonomy of Chilean administrative law against legal institutions from civil and procedural law.