LOS VICIOS DE PROCEDIMIENTO Y EL PRINCIPIO DE CONSERVACIÓN DEL ACTO: DOCTRINA JURISPRUDENCIAL

Authors

  • MARÍA JESÚS GALLARDO CASTILLO

Keywords:

invalid acts, administrative procedure, preservation of administrative decisions.

Abstract

This report is intended to review the different moments administrative procedure comprises (irregular participation of officials, inadequate admission of proof, breach of the essentials rules the administrative procedure or breach of audience right) and the consequences that implies for the validity of the administrative decision. The aim of this paper is to analyze current Legislation, Jurisprudence and opinion of authors (approximately two hundred sentences of the High Court, Constitutional Court and High Regional Courts, has been taken into account). From this study arises the exaggerate attention effectiveness of administrative decisions has generated, whilst the problem of its legality has been obviated. Finally, this report vindicates the importance of the formal requirements of decisions as due by the clause of État du Droit.

Published

2008-04-09