Funciones jurisdiccionales de los tribunales de cuentas: El estándar argentino de control judicial y el caso de España

As part of a doctoral research, it was investigated about the judicial control of the jurisdictional functions exercised by the Courts of Accounts of Argentina (TCA), first analyzing the doctrinal contributions, then the rulings of the Supreme Court of Justice of the Argentine Nation (CSJNA) an...

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Autor principal: Zapata, Valeria M. J.
Formato: Artículo
Idioma:Castellano
Publicado: 2020
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Acceso en línea:https://dialnet.unirioja.es/servlet/oaiart?codigo=8114679
Fuente:Revista española de control externo, ISSN 1575-1333, null 22, Nº 66, 2020, pags. 10-29
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Sumario: As part of a doctoral research, it was investigated about the judicial control of the jurisdictional functions exercised by the Courts of Accounts of Argentina (TCA), first analyzing the doctrinal contributions, then the rulings of the Supreme Court of Justice of the Argentine Nation (CSJNA) and finally the study of precedents of High Provincial Courts (with court of study between the years 2000 to 2010). First, the doctrine was answered in recognizing the exercise of jurisdictional functions by administrative bodies or courts (including the Courts of Accounts). Subsequently, the rulings of the CSJNA threw a standard of judicial control over said administrative functions, which must always be «sufficient and comprehensive». Finally, with respect to the provincial precedents, the criteria were varied, but with subsequent judicial control. Then, based on the prevalence of the judicial system in Argentina, the Court of Accounts of Spain (TCE) was brought up for debate, with the particularity that this is its immediate historical antecedent. Thus, it was possible to evidence both the doctrine and the rulings of Spain, the ample recognition of its own accounting jurisdiction and its full and exclusive nature, much broader than in Argentina, the TCE being a body of a constitutional nature, unique and national, independent and endowed with special accounting jurisdiction (art. 136 of the Constitution of Spain), establishing Sentence 215/2000 a parameter of recognition of its jurisdictional functions, raising it as the only body in Spain to carry out the prosecution of accounting responsibilities