The risk of silent flight in Administrative Law (Comment to the Judgment of the Spanish Supreme Court of November 24 2009, Third Chamber, Section 5, appeal no. 4035 of 2005)

Abstract

The Supreme Court decision of November 24, 2009 has declared invalid the Decree 117/1998 of 9 June, of the Governing Council of Andalusia, for omission of the step of hearing. The ruling considers that the amendment of the Articles of the “Corporation of Environmental Management SA”, property of Junta de Andalucía, and the redefinition of their possible activities, is not indifferent to the citizens, as it represents a form of organization of the Administration to develop activities and services of general interest. Especially, the Court warns about the potential risk of flight of the Administrative law that the creation of public companies involves.