New trends regarding precautionary measures in the contentious-administrative proceDURE (special reference to Spanish law)

Abstract

The Spanish act of 1998 on the regulation of Contentious Administrative Jurisdiction provided a new way of understanding precautionary measures which the law and doctrine had been demanding since the enactment of the Constitution of 1978 that serves as the framework for this paper. This study analyses the problems involved in the constitutional interpretation of policymaking and studies the new role that public interest plays in the effectiveness of precautionary measures, making special reference to the concept of irreversible damage.