La doble instancia en el orden jurisdiccional contencioso-administrativo en España. Primeros pasos hacia la garantía de la doble instancia en materia sancionadora

Identifier:  imarina:9292091

Handle: https://hdl.handle.net/20.500.11797/imarina9292091

Authors:  Casado, LC

Abstract:
The purpose of this article is to conduct a critical analysis of the right to appeal in the Contentious Administrative Courts of Spain, in particular regarding the most recent developments. To this end, after a brief introduction, the article first contextualises the subject by conducting a brief overview of the appeals system established by the current Law on the Contentious Administrative Jurisdiction, without losing sight of the regulatory changes that have taken place in this field. Second, it examines the right to appeal in the Contentious Administrative Courts of Spain and pays special attention to the wide-ranging restrictions on access to appeals. Third, it analyses the European Court of Human Rights ruling on the case of Saquetti Iglesias v. Spain, which is of particular interest regarding this question. Fourth, the possible impact of this judgment on the current contentious administrative appeals system is considered. On this point, special attention is paid to the recent rulings by the Spanish Supreme Court, in particular Sentences 1375/2021 and 1376/2021, both of 25 November 2021 and 1531/2021, of 20 December 2021. Finally, the article offers a series of conclusions that offer an assessment of the current situation regarding the right to appeal in the Spanish Contentious Administrative Courts. The article also points out the system's main shortcomings and makes some proposals for improvement.