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Administrative detention and reason of credit of the Public Administration: Council of State, Sec. II, judgement of 18th November 2019 no. 7858
- 02/12/2019
By its judgment of 18th November 2019 no.7858 the Second Section of the Council of State has ruled on administrative detention referred to article 69 of the Royal Decree of 18th November 1923 no. 2440, which allows a State administration that has, in any capacity, reason of credit to those entitled to sums owed by it or other State administration, to suspend payment, in view of the protection of the public interest to the financial needs of the State. The Council of State has established that administrative detention can be adopted “given its precautionary and intrinsically temporary nature, even if the administration’s claim is disputed, but it is reasonable to consider its existence, given that its legal basis is not the proven existence of the credit, but the mere reason of credit” (in this case, the reason for the credit was identified in the court case against the appellant).
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