Control judicial de la discrecionalidad técnica: error manifiesto, inmediación, sana crítica

Abstract

In the wake of his commentary on a STS, a well-known administrativist argues that judicial control of technical discretion should be limited to censoring only “manifest error”. Once this is ruled out, possible discrepancies are reduced to the struggle between different technical opinions in which the Administration has the upper hand, according to the jurisprudence of the high courts. But, in addition, the administrative body is in an advantageous position, closer to reality, because it has directly managed the entire selection process; in contrast, the court of justice has only the version offered by the parties. And to this must be added that the administrative body, being composed of specialized members, offers more guarantees of discernment success than a court with its generic rules of sound criticism. These three themes will be discussed in this paper.