The execution of sentences remains a serious headache twenty years after the approval of the Administration Judicial Review Act (LJCA)

Abstract

The present study accounts for the limitations and dysfunctions such as the absence of regulation of a true executive process; the defective normative technique employed by the Administration Judicial Review Act in approaching the subject; the survival of administrative privileges of French origin and justification beyond question; the difficulties of various kinds arising from the cases of legal impossibility or material execution of sentences contemplated in Article 105.2 Administration Judicial Review Act, which are added in paradigmatic sectors such as urbanism. The author proposes measures such as the eradication of public action, in view of the extraordinary breath of active legitimization based on Article 24 of Spanish Constitution; the debugging of the aforementioned privileges that lack objective justification; the attribution to the Judges and Courts of a power to suspend the processing of the contentious-administrative process and to grant a period of attempt the rectification of the observed defect, whenever possible; the express recognition of instruments such as the principle of intangibility of public works.