A proposal to avoid litigation between public administrations before judicial review at the administrative court)

Abstract

The article aims to establish an instrument and define a procedure that allows for the resolution of disputes and controversies between different public administrations prior to the filing of a contentious-administrative appeal (state administration, autonomous administration and, especially, local administration), a mechanism that can also serve to resolve or avoid incidents of enforcement of sentences that have been handed down in disputes between administrations. Taking as a starting point the provision of Article 33. 2 of the Organic Law of the Constitutional Court, in relation to conflicts between the ACs and the State over matters of competence and the existing institutionalised mechanism that has functioned in the last two decades, and analysing the failure of the prior requirement contemplated in article 44 of the Law Regulating Contentious-Administrative Jurisdiction, a specific proposal is formulated for a compulsory conflict resolution procedure, governed by the anti-formalist principle, and committed to virtuality and electronic processing, in accordance with the principles of speed and efficiency and administrative simplification. The specific proposal culminates with the definition of a specific procedure and the introduction of a series of regulatory modifications that should allow the implementation of this system of conflict resolution, basically of the Law Regulating the Contentious Administrative Jurisdiction, the Law on the Legal Regime of Public Administrations and the Law Regulating the Bases of the Local Regime.