El procedimiento de inejecución en el orden contencioso-administrativo

Abstract

Non-execution is a procedure that allows the Public Administration not to comply with judgments that condemn it in the terms in which they were issued, which endangers the fundamental right to effective judicial protection or due process of citizens who have obtained a favourable judgment in the contentious-administrative jurisdiction. It is especially serious that the Administration, in its role as a Public Power, is the one that in too many occasions causes this situation. Examples are well known, such as the Algarrobico and Valdepeñas cases, as well as many other coastal constructions, which ultimately erode the credibility of the all judicial system. Therefore, in the following lines, we propose to carry out a detailed analysis of the procedure and associated jurisprudence to delimit the scope of the phenomenon and propose solutions that allow for its control.