¿Gracia vs. Justicia? El control contencioso-administrativo del indulto a partir de la Sentencia del Tribunal Supremo de 20 de noviembre de 2013

Abstract

The judgment by the Third Section plenary of the of the Supreme Court from November 20th of 2013 gives the Supreme Court the chance to establish the legal nature of the Government action regarding the pardon, in order to analyze subsequently the extension of the control to be carried out by the contentious-administrative jurisdiction, specially by means of the technic of the regulated elements [art. 2(a) LJ], a field where it weights up the reading of the Act of Pardon that used to do the same judicial body. It marks therefore a new tendency that seems to be confirmed in later judgments.

Keywords

• motivation
• discretionality
• act of government
• prohibiton of arbitrariness
• reasons of justice
• equity or public utility
• right to pardon