El renacimiento de la desviación de poder

Alfonso Pérez Moreno

doi:10.46735/raap.n86.1012

Authors

Alfonso Pérez Moreno University of Seville

DOI:

https://doi.org/10.46735/raap.n86.1012

Keywords:

Misuse of powers, Inquisitive principle, Administrative jurisdiction preference, Intraprocedural arbitration

Abstract

This paper exposes the need to re-apply the rules on the irregularity of misuse of powers.

Taking into account a court judgement of the Chamber of Sevilla on a famous test-case, we have studied the way to overcome the difficulties that led to the decline of the reporting of this irregularity. Among these, we can quote the increase of the judicial inquisitive powers, the choosing of the criminal jurisdiction preference instead of the administrative one in several subjects, and the incorporation of the intraprocedural arbitration.