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- Title
LA FUNCIÓN DE LA DECLARACIÓN DE LESIVIDAD EN EL CAUCE REVISOR DEL ART. 107 LPACAP.
- Authors
MURIEL LORENZO, FÉLIX
- Abstract
Section 107 of Spain's Public Administrations' General Administrative Procedural Act contemplates the so-called system of harmfulness for the review of relatively void favourable administrative acts, in which review powers are attributed to the Administrative litigation Jurisdiction. Although this system is a historic institution of Spanish administrative law, until now, little attention has been dedicated to the role of the declaration of harmfulness for the public interest within the aforementioned system. I.e., in this system, ¿why does the Administration have to declare that its acts are harmful to the general public interest prior to their judicial impugnation? The research conducted addresses this issue, concluding that the role of the declaration of harmfulness for the public interest is linked to the implementation of Section 110 of Spain's Public Administrations' General Administrative Procedural Act («limits of administrative review powers») in the aforementioned system for reviewing administrative acts.
- Subjects
SPAIN; PUBLIC interest; ADMINISTRATIVE acts; PUBLIC administration; ADMINISTRATIVE law; JURISDICTION (Administrative law); ADMINISTRATIVE procedure
- Publication
Revista Jurídica de la Universidad Autonóma de Madrid, 2019, Issue 39, p269
- ISSN
1575-720X
- Publication type
Article
- DOI
10.15366/rjuam2019.39.009