El control judicial de las entidades reguladoras. La necesaria expansión del Estado de Derecho.

Authors

  • GASPAR ARIÑO ORTIZ

Keywords:

rule of law, discretionary power, judicial review, soft law, policy and regulation, deference principle.

Abstract

This paper tries to analyze the difficulties that the administrative Courts have when they try to review the decisions of independent regulatory commissions (Commission of Telecommunications Market, National Energy Commission, National Competition Commission or Commission National Stock Exchange, among others). In the order of the principles the solution is clear and obvious: they’re administrative acts, subject to the Law (Article 103.1 EC) and therefore justiciable (there are no political acts). But in reality, when these decisions come to Court, we find the extraordinary difficulty with they can enter in the content and bring to justice the key of them. The author offers some suggestions on expanding and developing the rule of law and the «legalization» of these decisions, enabling their control.

Published

2010-09-07

Issue

Section

STUDIES