The Nullity Action in Andean Law as a Judicial Review of Administrative Action

Abstract

The purpose of this article is to demonstrate, in the light of the jurisprudence of the Court of Justice of the Andean Community, that the control of legality contained in the annulment action of Andean law resembles a judicial review of administrative action when the contested community act is an administrative act. With that purpose, it explains the difference between a judicial review of administrative action of objective nature (legality control) from a subjective one (which, in addition to the control of legality, seeks the effective protection of the violated right or interest), to then mention the jurisprudential evolution of said international court in the sense that it first accepted that certain resolutions of the General Secretariat of the Andean Community are administrative acts, after the aforementioned legality control is equivalent to a judicial review of administrative action of objective nature and, finally, that said control has initial features of a subjective judicial review of administrative actions.