The main thesis is that the Spanish Administrative Litigation Act authorizes the judge to determine or limit the consequences of the annulment of a regulation. In this regard, it seems reasonable to limit indirect appeals against regulations as to issues of substance. In the case of planning and environmental regulations the judge should place part...
This paper constitutes an analysis of the power of the judge that declare the nullity of a legal act. It aims to offer a comparison between the theory of nullities in Spain and its jurisprudential application to the french case. In the last years, this system has been extending progressively the judiciaries of the administrative judge that allow to...
El principio de inmediación en el sistema procesal oral implica la interacción del juez en la recepción de la prueba, las partes, testigos y peritos, permitiendo una decisión judicial, con la información de calidad obtenida en la audiencia. Sin embargo, qué sucede cuando los jueces que intervinieron en la actividad probatoria, que dieron su decisi...
This article will study the most significant issues that arise in the hearing of accusation, such as those that arise from the addition of new facts that were not they coiled by the prosecution in the indictment hearing. This is a violation of the defendant’s right of the accused because he is being surprised with facts that he did not have the opp...
En el presente artículo, los autores analizan la recepción de la doctrina de la nulidad ab initio de normas internas de amnistía contrarias a la Convención Interamericana de Derechos Humanos, trazada por la Corte Interamericana a partir del caso Barrios Altos. En ese orden de ideas, se toman en cuenta los distintos procesos sociales y políticos ges...
This paper analyses the development of floor clauses in the last years. Thereby, it makes a doctrine and jurisprudence rewiew in order to clarify the limits of the transparency control, its legal configuration and the consequences of its non-fulfillment. Moreover, it sets out the different problems which have appeared from its use. / El presente ar...
The administrative procedure is a set of procedures that aim to ensure that the administration can comply with its regulatory function through a declaration that must be covered with a set of elements that ensure that it meets its purpose. However, there is always the possibility that the statement issued is wrong, forcing the administration to act...
This paper contends and explains why the Colombian corporate legal rules on conflict of interest are inefficient, proposing some legal changes. In particular, this paper poses four criticisms. First, Colombian law requires that the highest corporate body shall always authorize any transaction between the legal entity and any of its managers or cont...
Due to the issuance of the IX Pleno Casatorio Civil (IX Civil Annulment Plenary Session), the author analyzes – from a doctrinaire, case-law and compared law standpoint- the judge’s ability to declare the nullity of an act ex-officio when such nullity is evident. In addition, shows and criticizes the reach of binding precedents set in the referred ...
In this work we analize rhe significance that the declaration of unconstitutionality must have with regard to time; to which extent it should deprive of efficacy in the past the affected law or even if some degree of future efficacy should be allowed. The doctrine of the Constitutional Court has been created from cases with an administrative or fis...
