JURISPRUDENCIA Suprema Corte de Mendoza. Estabilidad del acto administrativo

«Vega Daniel Valentin c/ O.S.E.P. p/ suspensión de ejecución», Suprema Corte de Justicia de Mendoza, sentencia del 23/12/14.

SINTESIS.- Estabilidad del acto administrativo. Hace lugar, con carácter previo a la interposición de la acción procesal, a la medida solicitada tendiente a lograr la suspensión del acto administrativo mediante el cual se muta la situación de revista alcanzada dentro de la Obra Social de Empleados Públicos de la Provincia reduciendo aproximadamente en un cincuenta por ciento la carga horaria semanal del actor en su calidad de médico. Considera que el acto de designación fue notificado y quedó firme, con lo que su posterior modificación en sede administrativa sin consentimiento del actor, trasluce una afectación de la regla de estabilidad de los actos administrativos evidenciando, de manera provisoria, la existencia de vicios graves tanto en el objeto como en la forma, que generan su nulidad y tornan procedente la medida en los términos del art. 23 de la Ley n° 3918 de Mendoza.

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Fuente: infojus

31 comentarios de “JURISPRUDENCIA Suprema Corte de Mendoza. Estabilidad del acto administrativo

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