LA SUBSANACIÓN DE LA INDEFENSIÓN ADMINISTRATIVA EN VÍA DE RECURSO. REFLEXIONES A LA LUZ DE LAS ÚLTIMAS APORTACIONES JURISPRUDENCIALES

Abstract

This study is intended to enliven the debate about the virtue of the state of defencelessness in an administrative proceeding as grounds for annulling administrative acts; this is a virtue compromised by a hesitant and divergent judicial enforcement. Specifically, this study examines the deeply-rooted case law construction according to which it is admissible to interpret that the state of defencelessness has been remedied when the individual affected has had the opportunity to defend himself or herself through the successive courses of appeal before the administrative authorities and/or before the administrative courts. Despite the wide application of this rule of a posteriori redress, there also exist judgements of recent years that question their conceptual basis with convincing arguments that should, at the very least, prompt reflection on the post factum redress of defencelessness and, in general, on the legal and judicial treatment of this ground for annulment.