La exclusiva función del actual recurso de casación contencioso-administrativo ante el Tribunal Supremo

Abstract

This work analyzes the consequences of the new regime of the appeal in cassation for the contentious administrative order, in force after the entry into vigour of Organic Act 7/2015 of June 21st. We deal with the study and purpose of this new player in this system, the undefined concept of interest in appeal and its discretionary assessment by the Contentious-administrative chamber in the Supreme Court. Besides, hazards related to the implementation of the uniformity in the application of law technique are set out. The new system is disputed taking the European Court of Human Rights doctrine as a reference regarding the access to judicial review in connection with an effective remedy and we reflect on the collateral damages upon principles of equality in the application of law, legal certainty and judicial independence. In short, we examine an exclusive system accessible to too few.

Keywords

• contentious administrative appeal
• interest on appeal
• organic act 7/2015 of june 21st
• principle of judicial independence
• right to an effective remedy