The main problems of the abbreviated procedure in the Spanish contentious-administrative jurisdiction: reform proposals and promotion of the implementation of intrajudicial mediation

• Autor(a) principal: Rodríguez Beas, Marina
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: spa
• Título da fonte: Revista de Direito Econômico e Socioambiental
• Texto Completo: https://periodicos.pucpr.br/direitoeconomico/article/view/31077
• topic: tutela judicial efectiva; procedimiento abreviado; garantías; jurisdicción contencioso-administrativa; derechos fundamentales.; effective judicial protection; abbreviated procedure; guarantee; contentious-administrative jurisdiction; fundamental rights.

This paper analyzes the main problems that the abbreviated procedure presents in the practical field and the inability, up to now, of our legal system to resolve them. It responds to the question whether these problems affect the guarantees of the company and therefore its adequacy for effective judicial protection. To this end, after examining the problems raised by its scope of application, the delay in the processing and resolution of matters through this procedural channel and the guarantees of the appellant in the different procedural phases are analyzed. Finally, in light of all the above elements, we make a series of conclusions that are intended to illustrate whether there really is a decline in the guarantees of the company, and some reform proposals are put forward.