The interim protection in contentious administrative proceedings. Cuba’s case

Abstract

The establishment of the appropriate means to assure the practical efficacy of judicial decisions is a demand of the adequate operation of the Administration of Justice. The interim protection plays an essential role in said establishment. Over the past years, the doctrine and several European and Latin-American codes of laws have made progress in the construction of broad and solid interim systems in the administrative proceedings, going beyond the traditional vision of the contentious proceedings, which limited the interim protection to a unique possible measure: the suspension of the execution of the administrative acts. Notwithstanding, this phenomenon does not occur in Cuba, whose procedural law continues to be based on the act suspension technique and the exacerbation of the executive auto-protection privilege of the Administration. This article intends to demonstrate the need to create a new interim protection system in the Cuban contentious administrative proceedings capable of guaranteeing an effective administrative justice in its mission of protecting the rights of the citizens and the general interest from any behavior of the Public Administration that violates them.