La nueva casación contencioso-administrativa (primeros pasos)

Abstract

The cassation appeal was ceasing to be an appropriate instrument for the formation of jurisprudence and for the Supreme Court to fulfill its role of establishing uniform interpretative guidelines of the state legal system. The last reforms, raising the quantitative to access the cassation appeal to sums almost stratospheric (600,000 euros), caused that were left to the margin of the jurisprudential task of the Supreme Court ample sectors of the Administrative and Fiscal Spanish order. The Organic Law 7/2015, in its third final provision, amended the Law 29/1998 to reform in depth the cassation appeal in the administrative jurisdiction, expanding the catalog of appealable decisions and pivoting the admission of the appeal on a new concept: "objective cassational interest for the formation of jurisprudence". This work explains the reasons for the reform, analyzes the new legal discipline and shows the first criteria of the Supreme Court in the implementation of the new appeal cassation.