El principio de proporcionalidad en la restauración urbanística. ¿Un caballo de Troya en la seguridad jurídica?

Abstract

The importance of town-planning activity is beyond doubt about the need of the disciplinary administrative intervention. But that intervention has to be directed by the principles which rule the administrative action, among which, we specifically highlight the principle of legality, legal certainty and proportionality. The application of the principle of proportionality in the town-planning urban sphere can be suitable for providing the administrative action with rationality and fairness against the strict application of the norm and so give answer to complex situations, but it is necessary a better regulation of the facts and conditions for its application so as to avoid to damage legal certainty and that it is used as a tool for justifying illegalities.

Keywords

• legal certainty
• proportionality
• demolition
• urban discipline
• urban restoration