Una excepción a la excepción de acto firme: las relaciones jurídico-administrativas de naturaleza obligatoria

Abstract

The present article seeks to demonstrate that the so-called exception of settled administrative-measure turns out to be unjustified, providing that there exists a compulsory juridical relation and the administered creditor could not appeal against the material inactivity of the Public Administration as stated in section 29.1 of the jurisdictional Act (29/1998 Act, 13th of July), due to the fact that the Law grants Public Administration the legal authority to enact administrative measures to decide in advance the recognition or declaration of a pre-existing right of credit. This situation causes an absolute subversion of the juridical obligatory relation but also a discriminatory treatment: certain administrative measures that recognise or declare pre-existing rights of credit —materially identical— could not be considered final because of their consideration as previous administrative claims as long as they are beyond the control of jurisdictional contentious-administrative order. The reason could be an excessively contemplation of the so-called «autotutela declarativa».