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Home Anti-corruption POTENTIAL CONFLICT OF INTERESTS IN THE PLENARY OF THE ADMINISTRATIVE AND ABUSIVE COURT STATE LEGAL PROTECTION

POTENTIAL CONFLICT OF INTERESTS IN THE PLENARY OF THE ADMINISTRATIVE AND ABUSIVE COURT STATE LEGAL PROTECTION

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POTENCIAL CONFLITO DE INTERESSES NO PLENÁRIO DO TRIBUNAL ADMINISTRATIVO E ABUSIVA PROTECÇÃO JURISDICIONAL DO ESTADO

The Administrative Court Plenary Judgments, considering the judges who grant or underwrite them, reveal that the practice of conflict of interest is institutionalized in this instance, which is unfair and wrongly supported by the provisions of paragraphs 1 and 2 of article 27 of Law 24/2013 of November 1, as shown below, which respectively establish the following: "The Plenary is constituted by the President of the Administrative Court and by all acting judges, with the president having the casting vote.” "The distribution, in the Plenary, is made by the judges exercising their jurisdictional functions, with the exception of the rapporteur of the contested judgment.”

More than that, it is that a significant part of the judgments handed down by the Plenary of the Administrative Court, although that instance or court of appeal in cases submitted against the State, or against Mozambican State institutions, against State bodies or agents, present lightly translated decisions in rejections or in a declaration of groundlessness of the process or even in the dismissal of the appeal filed, with manifestly deficient grounds, at least in recent years.

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CIP - Public Integrity Center