Ejecución de sentencias contencioso-administrativas y adopción de medidas cautelares. En particular, la suspensión de la ejecución de sentencias por el tribunal de instancia en caso de interposición de recurso de amparo

Abstract

This paper is aimed at the study of a recent doctrine established by the Spanish Supreme Court. According to this doctrine, the courts and tribunals entitled to enforce a judgment may stay its execution in the event that an appeal is lodged before the Constitutional Court for infringement of fundamental rights and freedoms. To stay the enforcement, furthermore, the execution may cause irreparable damages if the appeal were to succeed, and the stay may last only from the moment the appeal was lodged until the Constitutional Court decides upon the possibility of staying the execution. In the paper we argue that this power to stay the enforcement proceedings of judgments is hardly respectful with the right to a fair trial, because it is not foreseen by any act.