CHILE Law and Practice Contributed by: José Miguel Valdivia, Juan Francisco Sánchez, José Tomás Blake and Tomás Izquierdo, Valdivia Legal
6. Standing 6.1 Requirements for Administrative Law Challenges Claimants bringing administrative law challeng - es before the courts must generally demonstrate that they were directly affected by the State’s decision. This narrow legal standing requirement contrasts with the Administrative Procedure Act of 2004, which states a broader range of parties who may be affected by State actions, even if less directly, and allows them to challenge those actions before administrative bodies. Legal standing is therefore stricter in courts but more lenient in administrative contexts. However, there are situations where even indi - viduals directly affected cannot contest adminis - trative decisions. For example, under the current merger control regime, litigation against a merg - er authorisation is not permitted. This applies to both competitors and consumers. 6.2 Charities and NGOs The courts are generally open to actions by indi - viduals who have been directly affected by State decisions. Therefore, in most cases, charities and NGOs cannot demonstrate that they were directly affected by a government decision and are subsequently unable to bring challenges before the courts. However, there are exceptions where legal standing is broader, allowing entities that are not directly affected to pursue actions in the courts. For example, local courts have determined that charities and NGOs explicitly established to pro - tect the environment do have standing in related disputes.
legality dictates that no authority may act with - out express powers granted by law. Administra - tive decisions can therefore always be contested on grounds of illegality, regardless of whether they are binding or merely advisory. 4. Nature of the Decision-Maker 4.1 Judicial Review of Commercial and Non-Governmental Decisions The State may engage in economic activities if authorised to do so by law. To ensure compli - ance with this requirement, the Constitution pro - vides a special remedy known as the economic protection writ ( recurso de amparo económico ). Once this condition is met, the State’s economic activity is subject to the same legal framework as private actors. The possibilities for challenging this activity depend on the provisions of private law. 5. Ouster 5.1 Legislative or Contractual Limits on Judicial Review The Constitution guarantees minimum rights for individuals subject to legal proceedings, mak - ing it difficult to completely oust judicial review in administrative matters. Similarly, the admin - istration cannot validly bind itself to refrain from defending the public interest, as public powers cannot be waived. Even in arbitration involving public law matters, this is generally only permitted when expressly authorised by law, as is the case with disputes arising from public concession contracts.
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