Africa-Press – Cape verde. The government has approved the new Code of Administrative Procedure through Legislative Decree No. 1/2026, published in the Official Gazette on April 20. This legislation introduces a profound reform of administrative justice, replacing a regime that had been in force for over four decades and was widely viewed as ill-suited to constitutional requirements and the practices of modern democracies.
The previous model, approved in 1983, was essentially based on a system of “mere annulment” litigation, allowing courts to limit themselves to annulling unlawful administrative acts without guaranteeing effective and complete protection of citizens’ rights. Over the years, this framework proved insufficient, generating legal uncertainty and placing the country at a disadvantage compared to other consolidated States governed by the rule of law—as stated in the legislation approved by the government and now published in the Official Gazette.
With the new Code, the Government aims to make a clear break with this paradigm. The reform is anchored in the principle of effective judicial protection—enshrined in the Constitution—and now guarantees citizens the right to obtain judicial decisions within a reasonable timeframe, through fair proceedings that possess binding force and are accompanied by appropriate provisional relief mechanisms.
One of the most significant changes lies in the strengthening of judicial powers. Judges now possess more robust instruments to ensure compliance with their decisions; for instance, they may set deadlines for the Public Administration to perform legally required acts and impose coercive monetary penalties in cases of non-compliance. Furthermore, judicial decisions now expressly prevail over any administrative acts; any administrative acts that contravene them are deemed null and void, and the officials responsible for such acts may incur civil, disciplinary, and criminal liability.
The legislation also introduces a significant transformation in the manner in which administrative disputes are adjudicated. Instead of merely annulling unlawful acts, the court may now rule directly on the merits of a citizen’s claim, compelling the Administration to perform the required act. This change brings the Cape Verdean system closer to solutions adopted in various European jurisdictions, where administrative justice plays a more active role in the protection of rights.
Another significant advancement is the expansion of standing to intervene in legal proceedings. The new framework allows any citizen—as well as associations, foundations, local authorities, and the Public Prosecutor’s Office—to initiate actions or intervene in proceedings aimed at defending collective and diffuse interests, such as public health, the environment, spatial planning, quality of life, or cultural heritage. This represents a significant opening for civil society participation, thereby strengthening democratic oversight of administrative conduct.
Regarding procedural efficiency, the Code establishes concrete mechanisms to prevent judicial delays. It sets maximum time limits for the duration of proceedings, allows parties to request their acceleration, and creates priority protocols for cases involving persons with disabilities or the elderly. Concurrently, it institutes a set of expedited procedures applicable to matters such as elections, the formation of public contracts, and the protection of rights, freedoms, and guarantees.
Interim measures also assume a central role in the new legal architecture. The legislation provides for a broader range of measures designed to prevent irreparable harm or *fait accompli* situations prior to a final ruling. These measures include the suspension of administrative acts or regulations, provisional admission to competitive selection processes, and temporary authorization to engage in specific activities.
Transparency constitutes another foundational pillar of the reform. The Code enshrines the principle that administrative proceedings are public—with guaranteed access for interested parties—and mandates that judicial decisions be made available for public consultation, thereby contributing to greater institutional accountability.
With respect to the enforcement of judicial decisions, the new framework introduces more effective mechanisms to ensure compliance. The Public Administration is now under an obligation to voluntarily execute court rulings within the prescribed timeframe; failure to do so entitles the interested party to petition the courts to compel enforcement. The legislation further provides for the imposition of pecuniary sanctions on those responsible for non-compliance, as well as the possibility of monetary compensation in cases where specific performance is not feasible.
One of the most significant innovations is the introduction of administrative arbitration. The Code now permits the resolution of certain disputes by arbitral tribunals—including matters concerning public contracts, civil liability, and, in specific instances, administrative acts. This mechanism aims to offer greater flexibility and expediency in conflict resolution, while nonetheless maintaining clear boundaries—specifically……specifically, the impossibility of arbitrating matters related to political, legislative, or jurisdictional functions.
The enactment also establishes detailed rules regarding court jurisdiction, procedural formalities, the value of claims, and appeals, thereby bringing administrative procedure closer to the model of civil procedure—albeit with adaptations tailored to the specific nature of administrative disputes.
The new Code is scheduled to enter into force on January 4, 2027, allowing for an adaptation period for judicial and administrative practitioners. The Government has further mandated the creation of an oversight commission, tasked with evaluating the implementation of the legislation and proposing any necessary revisions within a three-year timeframe.
According to the Executive, this reform fulfills a commitment made in the Government’s program to modernize administrative justice and ensure the full, expeditious, and effective protection of citizens’ rights vis-à-vis the Public Administration. Concurrently, it aims to bolster confidence in institutions and align the Cape Verdean legal system with international standards.
For More News And Analysis About Cape verde Follow Africa-Press
