Some reflections on the new system of cassation in the contentious-administrative order

Abstract

The present study addresses the new system of cassation in the contentious-administrative order operated by the Organic Law 7/2015 of July 21 criticizing its technical deficiencies. The introduction of the cassation in the jurisdictional contentious-administrative order has been accompanied by the abandonment of the universality of the appeal, that is, the construction of the control prescribed by Article 106.1 Spanish Constitution on the principle of the double instance. More than nomofilactic, the current appeal is therefore offered as nomothetic. From the nomophylactic to become a debugging mechanism of judicial control fulfilled in matters in which a large number of situations are affected, have social transcendence or the integrity of the general interests is at stake. It would have been preferable to remodel the system on the basis of the double instance (the universality of the appeal or universal appeal, but restricted). And the articulation of the cassation -in continuation line with the process of “normalization” of the contentious-administrativeon the much simpler and clearer logic of the civil Cassation.