La invalidez de reglamentos y planes entre la interpretación y la reforma
The serious issue of the vices of administrative regulations, which affects urban plans with particular intensity, determines the proliferation of interesting views, criteria and proposals. From a critical view on the case-law that imposes an absolute nullity in all cases, we analyse the different p...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7867368 |
| Source: | Revista de administración pública, ISSN 0034-7639, Nº 214, 2021, pags. 57-98 |
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| Summary: |
The serious issue of the vices of administrative regulations, which affects urban plans with particular intensity, determines the proliferation of interesting views, criteria and proposals. From a critical view on the case-law that imposes an absolute nullity in all cases, we analyse the different positions in the debate. In the legislative field, we examine the attempt to limit the normative content of the land planning and urban plans in order to avoid the consequences of their generic regulatory characterization. In the field of the doctrine, we study the various interpretative and reformist formulas offered to avoid or limit the extreme effects of invalidity. In the judicial field, we look into some open-minded rulings, rapidly neutralized by the prevalence of the hermeneutics that led to the situation. On a comparative basis, we highlight the striking contrast with the solutions applied in European experiences. Finally, in the face of the enforcement of the legal order, we sustain the need for a reform of the legal system of invalidity of administrative regulations and plans. |
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