By San José, Costa Rica — San José, Costa Rica – May 20, 2025 – Costa Rica’s Administrative Procedure Code (Law 8508) provides a comprehensive legal framework governing contentious-administrative and civil treasury jurisdiction. This code empowers citizens to challenge government actions and ensures accountability within the public administration. From challenging administrative acts and omissions to seeking redress for damages caused by the state, Law 8508 plays a crucial role in upholding the rule of law and safeguarding individual rights.
The code meticulously outlines the rules of administrative procedure, detailing aspects such as legal capacity, legitimacy, representation, and the application of precautionary measures. It also clarifies the subjects who can be sued, encompassing various public entities, bodies with instrumental legal personality, officials, and third parties legally linked to the contested acts.
To gain deeper insights into the complexities of Costa Rican Administrative Law, TicosLand.com spoke with Lic. Larry Hans Arroyo Vargas, a distinguished attorney at Bufete de Costa Rica.
Costa Rican Administrative Law, while designed to ensure efficient public service and citizen protection, can present significant challenges for businesses. Navigating permitting processes, appeals, and judicial reviews requires a strategic approach. Understanding the specific legal grounds for action, deadlines, and the nuances of administrative procedure is crucial for success and avoiding costly delays or adverse outcomes.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas’s insights underscore a critical aspect of doing business in Costa Rica. Indeed, the complexities of Administrative Law can be a significant hurdle, but with strategic planning and a thorough understanding of the process, businesses can successfully navigate this landscape. We thank Lic. Larry Hans Arroyo Vargas for providing this valuable perspective on the importance of preparedness and expertise in dealing with Costa Rican administrative procedures.
A cornerstone of Law 8508 is its emphasis on precautionary measures. These procedural instruments serve to protect rights during legal proceedings. The code regulates provisional measures, their immediate adoption in urgent cases, their revocation, and their alignment with the principles of proportionality and legality. This framework ensures a balance between public interest, the rights of the administered party, and the effectiveness of the final judgment.
Law 8508 also governs the entire contentious-administrative process, from pre-trial procedures and filing the lawsuit to holding hearings, evaluating evidence, issuing judgments, and their subsequent enforcement. The code promotes the principle of orality, the use of electronic means, and respect for due process. This focus fosters transparency, judicial efficiency, and swift resolution of disputes with the Public Administration.
The legislation further addresses various means of challenging administrative decisions, including ordinary appeals, extraordinary appeals for cassation, judicial review, and other mechanisms of jurisdictional control. It also outlines the execution of judgments and the economic effects of the process.
Article 1 of the Code sets the foundation for the Contentious-Administrative Jurisdiction.
The Contentious-Administrative Jurisdiction, established in Article 49 of the Political Constitution, aims to protect the legal situations of every person, guarantee or restore the legality of any conduct of the Public Administration subject to Administrative Law, as well as to hear and resolve the various aspects of the administrative-legal relationship.
Costa Rican Administrative Procedure Code (Law 8508), Article 1
This jurisdiction extends to matters of administrative contracting, including preparatory acts with their own effect, as well as awards, interpretations, effects, and termination. Furthermore, it covers issues of state liability and those of its officials, ordinary proceedings attributed to the civil treasury jurisdiction by the Organic Law of the Judiciary and other laws, and summary and civil treasury proceedings, among others.
In conclusion, the Costa Rican Administrative Procedure Code serves as a vital instrument for ensuring transparency and accountability within the public sector. By offering citizens a clear pathway to challenge government actions and seek remedies for injustices, this code strengthens the rule of law and upholds the principles of a democratic society.
For further information, visit the nearest office of Procuraduría General de la República
About Procuraduría General de la República:
The Procuraduría General de la República (PGR) is the legal representative of the Costa Rican State. It represents the central administration, the powers of the state, the Supreme Electoral Tribunal, the Comptroller General of the Republic, and the Ombudsman’s Office in administrative matters. The PGR plays a crucial role in ensuring that public entities adhere to the law and protect the interests of the state.
For further information, visit the nearest office of Contraloría General de la República
About Contraloría General de la República:
The Contraloría General de la República (CGR) is the supreme audit institution of Costa Rica. It is responsible for overseeing the use of public funds and ensuring accountability and transparency in government operations. The CGR plays a key role in safeguarding public resources and promoting good governance.
For further information, visit the nearest office of The Assembly of Costa Rica
About The Assembly of Costa Rica:
The Assembly of Costa Rica is the country’s legislative branch. It is responsible for enacting laws, approving the national budget, and overseeing the executive branch. As the law-making body, it plays a crucial role in shaping public policy and upholding the democratic principles of Costa Rica.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica is a pillar of legal excellence, built on a foundation of unwavering integrity and a dedication to serving the community. The firm champions innovative legal solutions for clients across a broad spectrum of industries, while simultaneously striving to empower Costa Rican society through accessible legal education and resources. This dual commitment to both individual client success and the collective strength of a well-informed populace defines Bufete de Costa Rica’s lasting impact.
