Génesis de la terminación anticipada en la regulación del proceso contencioso-administrativo (1845-1956)

Abstract

The forms of abnormal termination of proceedings are, sensu stricto, abandonment of action, abandonment of appeal, admission of liability, settlement, including out-of-court settlement, lapsing of action and extinction of a right of action. Act 29/1998 of 13 July succeeds the Administrative Courts Act 1956, which was the first statute to structure that form of early termination of proceedings. This paper aims at reviewing a hitherto virtually unstudied factor, to wit, the origin and development of the forms of termination above since the creation of the administrative courts back in 1845 until the enactment of the Administrative Courts Act 1956; this review involves the analysis of the statutes, the doctrine’s contribution and the relevant case-law. The object of this paper goes beyond a mere historical timeline research, although only from this background knowledge is it feasible to successfully approach both the critical analysis of the Administrative Courts Act 1998 currently in force and the draft proposals for amendment of the faulty provisions on abnormal or early termination of proceedings in the laws in force.