La revisión de oficio, imperio de la discrecionalidad
Ex officio review can be defined as the technique by which the Administration itself can remove its vitiated acts of absolute nullity when they are final, being imprescriptible the exercise of this action that can be undertaken by itself, the owner benefited by the act a third party harmed by it. Th...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8415448 |
| Source: | Revista de administración pública, ISSN 0034-7639, Nº 217, 2022, pags. 13-52 |
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| Summary: |
Ex officio review can be defined as the technique by which the Administration itself can remove its vitiated acts of absolute nullity when they are final, being imprescriptible the exercise of this action that can be undertaken by itself, the owner benefited by the act a third party harmed by it. The figure unfolds between two conflicting principles: that of legality (which mandates the elimination of acts so seriously vitiated) and that of security (which advocates the maintenance of consolidated acts and all or some of their effects). To resolve this antinomy, the Law contemplates a series of principles and limits that, due to their natural ambiguity, offer great margins of interpretation with the consequent danger of an unequal and arbitrary use of such administrative power, which must be tackled, among other reasons because the use of this institute is more frequent than is usually said.
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