La incidencia de la declaración de lesividad en el procedimiento de expropiación forzosa

Authors

  • Víctor Escartín Escudé Universidad de Zaragoza y Tribunal Supremo

DOI:

https://doi.org/10.18042/cepc/rap.219.07

Abstract

The declaration of detriment to the public interest, as a mechanism for ex officio review of favorable acts, is particularly significant in relation to the expropriation procedure. This study will analyze the possibilities when it comes to proceeding to
the declaration of detriment of the different administrative acts that make up the expropriation proceedings, with special emphasis on the setting of the price by the Expropriation Juries. Likewise, the legal problems derived from the intervention of public bodies in the expropriation procedure and its incidence on the exercise of the power of ex officio review will be studied. Finally, and from the specific perspective of
the appeal for annulment, the procedural difficulties that may arise as a consequence of this process of the act of fixing the expropriation fair value will be detailed.

Published

2022-12-15