La conflitivitat jurisdiccional en l'ordre contenciós administraçtiu entre administracions públiques. Una propostas de resolució de conflictes

Identifier:  TDX:4184

Handle: https://hdl.handle.net/20.500.11797/TDX4184

Authors:  Esteve Balagué, Francesc

Abstract:
The aim of the paper is to establish an instrument and define a procedure that allows for the resolution of disputes and controversies between different public administrations prior to the lodging of a contentious-administrative appeal, a mechanism that can also serve to resolve and avoid incidents of enforcement of judgments that have been handed down in disputes between administrations. Taking as a starting point the provision of Article 33. 2 of the Organic Law of the Constitutional Court, with regard to disputes between the Autonomous Regions and the State over matters of competence, the existing institutionalised mechanism that has worked in the last two decades, and also analysing other existing conflict resolution procedures at the autonomous, state, European and Latin American levels, a specific proposal is formulated for a conflict resolution procedure, which constitutes the essential core of the document and which is characterised by its compulsory nature, governed by the anti-formalist principle, without the intervention of persons outside the administrations and committed to virtuality and electronic processing, with respect for the principles of speed and efficiency and administrative simplification.