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Library of Fide

Practical guide to the Contentious-Administrative Appeal

Legislation and Forms

Publisher: Dikynson

Coordination: Juan Pedro Quintana

Ramon Castillo Badal

Pedro Escribano Testaut

Price: 27,07€

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Summary

In this work three Magistrates specializing in the Contentious-administrative order (Juan Pedro Quintana, Ramón Castillo and Pedro Escribano), with a long experience in the study of the appeal, having served for more than a decade in the Technical Office of the Supreme Court, analyze the new regulation of the appeal in that jurisdictional order from an eminently practical perspective. 

Although aware of the difficulty of predicting the criterion that the Supreme Court will follow in interpreting some of the indeterminate legal concepts that the new regulation includes, they reasonably expose their opinion on the complex and controversial issues suggested by the new appeal. 

In the work the authors warn of the formal rigor that is imposed in the drafting of procedural documents aimed at the preparation and filing of the cassation appeal and the very wide margin of appreciation that is granted to the High Court to decide its admission, for which they warn that its drafting will require the lawyers of special diligence and expertise.

This work has the confessed purpose of avoiding that the formal obstacles or the uncertainty about the demands that the preparation and filing of the new cassation appeal entail for the parties to the process constitute the main cause of inadmissibility of the announced appeals, given the conviction of that if it were so, the Supreme Court would be seriously limited in its task of forming jurisprudence where it was necessary and the fracaso of the system would be guaranteed. 

For this reason, some forms of certain procedural documents are proposed, where useful indications are made for the fulfillment of the formal and substantive requirements that characterize such procedures, with the aim of guiding the Lawyers in their drafting. 

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