Page:British and Foreign State Papers, vol. 144 (1952).djvu/1395

Rh 271. Decisions shall be regarded as illegal when they violate the law, in form or in matter.

Decisions which do not conform to the purpose or intention for which the law was framed and imply an abuse or deviation of power, shall likewise be regarded as illegal.

272. The tribunal shall limit itself to an appreciation of the act, and confirm or revoke it, without modifying it.

Consideration of the responsibilities of the administration shall be left to ordinary justice.

273. The tribunal shall also deal with disputes in regard to competence based on legislation and with differences which may arise between the Executive Power and the mayors, departmental councils, decentralised services or autonomous bodies, as well as with disputes or differences arising between any of these bodies. It shall also deal with disputes or differences which may arise between members of the councils or the boards of autonomous bodies or decentralised services, when it has not been possible for such disputes or differences to be settled by the bodies concerned in the normal way by a simple majority of votes. Disputes based on the Constitution shall be dealt with by the Supreme Court of Justice.

If, on passing definitive judgment, the Supreme Court or the tribunal should consider such action warranted, it may as a preventive measure suspend mayors, members of departmental councils or directors of autonomous bodies and decentralised services, and refer the facts of the case to the competent authority for the necessary procedure to be adopted.

Officials who have been suspended shall be replaced by their respective substitutes, and if there be no substitutes the Executive Power shall designate them with the consent of the Senate. If at the end of 30 days no action has been taken by the respective authority, the officials shall be reinstated in their posts.

If the competent administrative authority be the Executive Power, a definitive decision must be given within 180 days. When the Senate has to pronounce upon a resolution of the Executive Power, it must do so within a period of 90 days, after which time, if it has reached no decision, the resolution of the Executive Power shall be carried out. If the respective authority be the Senate, it must give its decision within 90 days (article 250).