ADMINISTRATIVE LITIGATION PROCEDURE IN THE GENERAL PROCESS ORGANIC CODE
Journal Title: Ius Humani. Revista de Derecho - Year 2016, Vol 5, Issue 12
Abstract
The main objective of this work is to observe the innovations posed by the COGEP in the administrative contentious process and to detect the deficiencies that remain of the previous legislation. For these purposes, the methodology that will be used, fundamentally, is to compare the current regulation with that contained in the previous Law of Contentious Administrative Jurisdiction and to highlight the novelties and the valuable or negative aspects of COGEP. This article is developed in several parts that deal with the different problems posed by the COGEP regulation, namely the possibility of regulating the administrative contentious process in a general code and the convenience of orality. Next, a critical analysis of the regulation of the process presented by the new regulations will be carried out. As we will show after the presentation to be made, we consider that orality is possible in the administrative contentious process, but the COGEP shows a serious deficiency because it does not overcome the old dogmas and obstacles that contained the repealed Law of Administrative Jurisdiction.
Authors and Affiliations
Juan Carlos Benalcázar Guerón
Keywords
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- EP ID EP36089
- DOI https://doi.org/10.31207/ih.v5i0.117
- Views 360
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