Ley 29/1998 sobre Jurisdicción Administrativa

Study Notes

Ley 29/1998 (Jurisdicción Contencioso Administrativa)

Regulates contentious administrative jurisdiction in Spain, establishing procedures for challenging administrative acts and decisions.
Defines the scope of this jurisdiction, specifying which acts and decisions are subject to court review.
Aims to ensure administrative actions comply with the law and protect individual rights.
Outlines actions that can be brought, including those based on errors of law, exceeding powers, or lack of competence.
Details procedures for contentious administrative proceedings, including deadlines for claims.
Establishes competent courts (often Administrative Courts) to hear these cases.
Covers possibilities for appeal and further review.
Defines "administrative act," encompassing a wide range of public authority actions.
Specifies acts not subject to review by these courts (e.g., certain political decisions).
Explains parties involved: claimants (citizens/businesses) and the public administration.
Provides clear guidelines for evidence presentation and admissibility.
Sets specific rules for timeframes and deadlines for legal action.
Addresses questions of jurisdiction and the court's authority to hear the case.
Establishes remedies, such as annulment of administrative acts.

Key Principles

Principle of legality: Administrative acts must comply with the law.
Principle of effectiveness: Promotes efficient dispute resolution.
Principle of protection of rights: Protects citizens from unjustified administrative action.

Consequences of a court decision

Court decisions can annul an administrative act, partially or completely.
May include corrective orders to restore legality.
May order the administrative body to act within the law.
Allows for compensation if deemed appropriate by the Courts.

Relationship with other legislation

Interacts with other laws outlining administrative procedures and organizations. Interpretation requires consideration of complementary legislation.

Criticisms or limitations

Procedures may be complex and lengthy, potentially discouraging legal action.
Challenges to access to justice and fairness of the process may exist, but the law aims for greater efficiency.
Interpretation of specific provisions may differ based on the case.

Description

La Ley 29/1998 regula la jurisdicción contencioso-administrativa en España, estableciendo el proceso para impugnar actos y decisiones administrativas. Su objetivo principal es garantizar que las acciones administrativas cumplan con la ley y protejan los derechos de los individuos, detallando procedimientos y tipos de acciones que pueden plantearse.