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More than 250 jurists from all over Spain will analyze in the UMU the effectiveness of the judicial action in contentious matters (05/02/2019)

This is the most important annual appointment for administrators

The University of Murcia presented on Tuesday the 14th Administrative Law Teachers Congress to review the Contentious Administrative Jurisdiction Law in its XX anniversary.

The congress, which will have more than 250 professors of Administrative Law, will take place on February 8 and 9 at the Campus de la Merced.

"This is a Law of great importance, especially in regard to the judicial control of the Public Administration, one of the pillars of the state, since it guarantees its submission to the Law", explained the Professor of Administrative Law and coordinator of the Organizing Committee of the Congress, Julián Valero.

In fact, every year, some 200,000 citizens demand judicial action through irregular action by public, local or state administrations.

Valero recalled that this jurisdiction is responsible for matters as important as "the taxation of mortgages, which has been a subject matter of the Contentious-Administrative Chamber of the Supreme Court."

Its president, Luis María Díez Picazo, will participate in the congress and will provide an interesting vision of administrative justice in Spain.

In addition, the program has the participation of the Venezuelan Allan R. Brewer-Carías, a reference of Law in Latin America and who, among many other actions, opposed the current Venezuelan Constitution as undemocratic or Jesus Jornado, professor at the University of Seville and pioneer in Environmental Law, which "goes to expose issues of interest to the Region of Murcia, severely punished with environmental problems, and to expose experiences in neighboring countries."

This meeting, which is considered the "congress of congresses for administrators", aims to review the standard through presentations and round tables and agree on proposals for changes that improve the protection of citizens against the performance of the administration.

What are the issues of application of the Contentious Administrative Jurisdiction Law?

The jurists bet for changes that promote the greater agility of the sentences, the effective application of the precautionary measures, the treatment of the collective demands or the improvement of the system of execution of judgments.

In the last twenty years, the matters for which it is claimed have been changing and currently highlight the litigation for patrimonial responsibility of the administration for sanitary damages and tax matters.

Due to their social impact, the experts point out that the most important are those that have to do with the right of association, ideological freedom or the right of free movement.

Some of the most well-known cases related to this jurisdiction in recent months have been the request for the precautionary suspension of the exhumation of the remains of Francisco Franco by his family, or the taxation of the mortgages, as mentioned above.

Twenty years of protection for citizens

The Contentious Administrative Jurisdiction Law was reformed twenty years ago with the objective of protecting citizens from irregular action by public administrations.

The areas in which it applies are taxes and fees, data protection, the violation of fundamental rights, urban planning or immigration, among others.

This norm was able to reduce the terms of judicial resolution and, therefore, the time that the citizens wait for a response when they denounce an action of the administration.

However, contentious justice remains one of the slowest.

Every year, around 196,000 citizens and organizations file a lawsuit against some public administration and 129,743 sentences are issued, according to data from 2017 and 2018 of the General Council of the Judiciary.

In any case, this area is not as litigious as criminal, civil or social justice, which totaled 5.6 million cases entered in 2017.

More than 570 magistrates in all Spain resolve in courts and tribunals those matters in which the citizenry demands judicial protection against the action of the administration.

Source: Universidad de Murcia

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