El cumplimiento transacional de las sentencias contencioso-administrativas

Authors

  • Antonio Ezquerra Huerva Universidad de Lérida

DOI:

https://doi.org/10.18042/cepc/rap.210.08

Keywords:

Judgement’s enforcement, procedural agreement, fundamental right to effective judicial protection, procedural claims, principle under which the parties delimit the scope of proceedings.

Abstract

Enforcement of contentious-administrative judgements is regulated by Chapter IV of Title IV of the Spanish Law on the Contentious-Administrative Jurisdiction (art. 103 and successive). Currently the law does not foresee the possibility of negotiation and agreement between the parties as a way to settle the terms of the enforcement. Instead, the court is in charge thereof. Assuming the benefits of including the negotiation in the enforcement court proceedings, this paper aims at contributing to the construction of such a negotiation regime. The paper reflects on the legal legitimacy of a procedural transaction as a way to comply with the judgement, as well as on the legitimating conditions and limits that should be taken into account

Published

2019-12-31