RETROACTIVITY OF ADMINISTRATIVE INTERPRETATIONS IN AN ADMINISTRATIVE SANCTIONING PROCEEDING

Commentary on the ruling R-17-2025 of the Third Environmental Court of Chile

Abstract

This paper analyses Judgment No. R-17-2025 of the Third Environmental Court, concerning the temporal scope of changes in the interpretative criteria of the Comptroller-General’s Office in environmental administrative proceedings. The judgment holds that administrative interpretations are governed by a logic analogous to that of interpretative laws, permitting retroactive effects only where they favour private individuals. Based on a critical review of the reasoning employed by the court, the paper examines the relationship between administrative interpretation, administrative precedent and the principles inherent in environmental law. It will be argued that the dispute should not have been resolved exclusively through rules on the temporal validity of rulings, but also through an examination of the substantive legality of the interpretations.