The Ex Officio Annulment of Administrative Acts in Peruvian Administrative Law: An Analysis of its Legal Nature

Abstract

The ex officio annulment of administrative acts is a fundamental mechanism to ensure their legality and safeguard public interest. However, its application sparks debate as to whether it should be understood as a regulated obligation that requires administrative action in the face of certain irregularities, or as a discretionary power that allows for a margin of evaluation. This article addresses its legal nature, analyzing the normative and doctrinal foundations that support its exercise, as well as the conditions and limits that frame this authority. The research is carried out through an analysis of the Consolidated Text of Law No. 27444, General Administrative Procedure Law, approved by Supreme Decree No. 004-2019-JUS (hereinafter, LPAG), complemented by national and international jurisprudence and doctrine. The findings highlight that while the ex officio annulment is essential for preserving legality, its application requires a balance between regulation and discretion to ensure effective protection of the rights of the administered.