THE PROBLEMS OF THE ADMINISTRATIVE LITIGATION PROCESS IN SOUTH AMERICA: CASE STUDIES OF ARGENTINA AND PERU
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Abstract
This article presents the problems of administrative litigation processes in South American countries, using case studies of Argentina and Peru, and proposing solutions. It finds that Argentina's administrative litigation system lacks specialized courts, resulting in inconsistent legal interpretation, complex and lengthy trial procedures, and limited access to justice; distinctions between federal and provincial laws are a significant obstacle to improvement, and solutions include improving procedural laws and enhancing the expertise of judges. In Peru, the court system faces overlapping powers between the judiciary and the executive branch, political interference, and a high volume of cases, which reduces judicial efficiency. In addition, improvements and solutions include strengthening judicial independence and expediting trial procedures. Both countries should promote pre-trial dispute resolution mechanisms to improve long-term efficiency.
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