The Administrative Justice in Spain: Current Situation and Challenges

• Author: R.J. Sánchez
• Position: University of Valencia (Valencia, Spain)
• Pages: 112-123

BRICS LAW JOURNAL Volume III (2016) Issue 2

THE aDMInISTRaTIVE JuSTICE In SPaIn:

CuRREnT SITuaTIon anD CHaLLEnGES

RICARDO JUAN SÁNCHEZ,

University of Valencia (Valencia, Spain)

DOI: 10.21684/2412-2343-2016-3-2-112-123

Since the Spanish Constitution of 1978 there has been a full and eective administrative

justice. The citizens have the possibility to request a judicial review of decisions taken

by the public Administrations, while being either the owners of a subjective right or of

a legitimate interest. The interim judicial protection is not limited to the suppression of

the act or general provision and the Courts are invested with direct powers to enforce

their sentences. However, dierent problematic issues about the inactivity of the public

Administrations and the enforcement of sentences are the new challenges to ensure the

administrative justice. To this it must be added that there are problems regarding the

inecient work of Courts.

Keywords: full jurisdiction system; the division of powers; subjective rights; the scope of

judicial review; precautionary measures; the enforcement of judgments.

Recommended citation: Ricardo Juan Sánchez, The Administrative Justice in Spain:

Current Situation and Challenges, 3(2) BRICS Law Journal 112–123 (2016).

Table of Contents

1. Introduction

2. Some Interesting Notes on the Situation of the Spanish Administrative

Justice

3. Some Organisational Characteristics of the Spanish Administrative Justice

and Other Elements to Access It.

4. The Type of Control Granted to the Administrative Courts and its Scope.

5. Some Operational Aspects of the Administrative Justice: Legal Standing,

Proceeding and Appeals.