Alcance de la función consultiva ante una solicitud de revisión de oficio con propuesta desfavorable

Abstract

Conceived as that technique that allows the body that elaborates an administrative act to revoke it on grounds of complete nullity, the institution of the ex officio review requires weighing the impact over the principle of legality and that of legal certainty. An open question is to determine whether in those cases where the Administration considers that nullity is wanting, yet the opinion by the Council of State or autonomic equivalents remains compulsory as a right of the individual petitioner. In this article, two opposing perspectives are analyzed taking sides with the position that considers the opinion not prescriptive.

Keywords

• autonomic advisory councils
• council of state
• ex officio review
• stages for the ex officio review