"Once again, we are witnessing a distortion of reality: judges are blamed as obstacles to justice, when, in fact, we are the ones who ensure every day that the system does not collapse due to the failures of others. The examples from AIMA speak for themselves. Thousands of artificial processes clog the courts, not because citizens litigate excessively, but because the Administration fails in its role. And it is the judiciary that is exposed to unfair criticism of inefficiency," reads a note from ASJP sent to its members on Friday.

In the same note, the ASJP rejects holding judges accountable: "We will not accept that judges continue to be held responsible for dysfunctions that are not their fault."

This note is based on two letters sent to the Government, one to the Deputy Minister and Minister of State Reform, Gonçalo Matias, and the other to the Minister of the Presidency, António Leitão Amaro. The judges request intervention in the "unsustainable situation at the Lisbon Administrative Court (TACL), resulting from the backlog of tens of thousands of cases directly related to the AIMA."

In the letter to Minister Gonçalo Matias, the ASJP emphasizes that these cases "originate almost exclusively from malfunctions at the AIMA, which force citizens to resort to the courts for simple appointments or basic administrative acts," generating "artificial litigation" that congests the competent court in Lisbon and "diverts essential resources" from other areas.

AIMA should be “priority”

The judges argue that the AIMA "should be an absolute priority" in State reform, "given its direct impact on the overloading of the courts." Therefore, they request that the reform of this body "be treated urgently and with special care," since the current situation "constitutes a real danger to the functioning of the administrative justice system, seriously threatening its responsiveness and citizens' trust in institutions."

To Minister Leitão Amaro, who oversees AIMA, the ASJP reiterates previous warnings, highlighting the "devastating effects" on the justice system of the backlog of cases stemming from administrative failures by the State, namely the "widespread delays in cases of enormous social and economic relevance" in areas such as urban planning, the environment, and public procurement, in addition to the impacts on the "perception of inefficiency of the justice system."

"The repetition of this warning reveals the urgency of intervention. It is imperative that the Government, through the ministry you lead, adopt concrete and immediate measures to remedy AIMA's shortcomings and restore normal administrative operations, otherwise we will continue to witness the deterioration of the administrative jurisdiction's responsiveness," the judges urge, emphasizing the "priority nature" of the issue.

In the note sent to members, ASJP places itself "on the front lines, demanding concrete solutions from the Government and publicly denouncing these situations."

"Our duty is to judge with independence, impartiality, and rigor—not to replace administrative bodies incapable of fulfilling their mission. It is time to clearly state that the dignity of the judicial function is not negotiable nor can it be swayed by superficial perceptions," they conclude.