Recurso de casación y unidad del ordenamiento jurídico.

Authors

  • RAFAEL GÓMEZ-FERRER RINCÓN

Keywords:

contentious-administrative jurisdiction, cassation appeal, cassational interest, principle of unity.

Abstract

The present paper constitutes an analysis on the project of reform of the cassation appeal in the contentious-administrative process; a project which essentially intends to transform the cassation appeal against the resolutions passed by the Superior Courts of Justice into an appeal for the unification of doctrine. After describing the regulation of the cassation appeal in the current legislation, as well as the constitutional principles and rights which it serves to, the paper criticizes the project of reform and states that it may incur in serious constitutionality problems; specially, and without ruling out other reasons, because it does not respect the demands derived from the principle of unity. The paper concludes with a final reflection on relation to an alternative proposal which aims to convert the cassational interest in the unique reason to appeal a judicial resolution in cassation.

Published

2008-04-09