THE PROBLEM OF (IN) JURISDICTION OF ARBITRATION COURTS IN ENFORCEMENT OF THEIR JUDGMENTS AGAINST THE ADMINISTRATIVE JURISDICTION IN MOZAMBIQUE

Abstract

The Law no. 7/2014 of 28 February, as well as the previous legislation relating to the Litigation administrative process, brought with it the figure of arbitral tribunals in the context of disputes arising from the legal-administrative relationship. The present study, we proposed to study about “Arbitral Courts and their Effectiveness in Administrative Jurisdiction in Mozambican Law” in order to assess whether Arbitration Courts are competent to execute their decisions, vis-à-vis Administrative Law. As established by law, the decisions handed down by the Administrative Courts, the Administrative Court of Maputo City, and the provincial administrative courts are enforced by the Administrative Jurisdiction itself, and other jurisdictions cannot carry them out on its behalf. The legislator allows the subjects of the legal-administrative relationship to appeal to the arbitral tribunal to settle disputes arising from this relationship by means of an arbitration agreement, and the possibility of recourse to other legal entities, except in matters of appeal, is excluded. Although, paradoxically, the legislator provides in article 204 of the LPAC that "the appeal to the court excludes the appeal to other courts", it also determines in paragraph 2 of Art. 224 that the arbitral award has the same executive force as the judgments of the administrative jurisdiction”. With the study, it was possible to conclude that, from a material point of view, the arbitral tribunals do not have competence to execute their own decisions, and that even so, although such execution is referred to administrative law, this does not provide for the forms, on the progress the execution process will run, neither will the deadlines, since in the executive process of jurisdictional decisions, the legislator does not mention the decisions of the arbitral jurisdiction.