Una propuesta de modulación de los efectos ex tunc de las sentencias anulatorias de los planes urbanísticos a la vista de la doctrina prospectiva del tribunal constitucional

Abstract

At present we are witnessing the proliferation of annulment sentences of urban plans. Its consideration as regulatory standards associates any infringement that may be incurred by them -either substantive or related to its elaboration procedure- to the legally void with ex tunc effects without in any case being able to go to the figure of the validation. The contentious administrative tribunals are rigorously and monolithically applying this doctrine without moderating in consequences. In view of this, it is proposed that they may, even in the absence of a legal provision, expressly: (i) give effects that are purely prospective or ex nunc to their resolutions (ii) suspend the effects of nullity to allow time for approval of a new plan; and (iii) unlink the declaration of unconstitutionality and annulment of the plan, as it does, also without legal coverage, the Constitutional Court when judging the laws.

Keywords

• planning
• ex nunc effects
• nullity
• prospective doctrine