Spain: New Developments in Contentious Administrative Cassation Appeal

The Royal Decree-Law 5/2023, of June 28, has been published in the Spanish Official Gazette, by which certain measures are adopted and extended in response to the economic and social consequences of the War in Ukraine, in support of the reconstruction of the island of La Palma and other situations of vulnerability; transposition of European Union Directives on structural modifications of commercial companies and reconciliation of family life and professional life of parents and caregivers; and execution and compliance with European Union Law (the "RDL 5/2023").

RDL 5/2023, among other measures, incorporates various amendments to the Administrative Jurisdiction Law (“AJA”) that especially affect the regulation of the contentious-administrative cassation appeal ("recurso de casación contencioso-administrativa"), and among them the following:

  • It introduces new grounds for objective cassation interest ("interés casacional objetivo")
  • Certain procedural periods are reduced when processing some cassation appeals
  • It regulates preferential processing in cassation
  • Witness lawsuits are regulated by groups or categories
  • Succinct reasons must be given if the appeal is dismissed as inadmissible
  • It regulates preliminary rulings in cassation

The amendment of the AJA, will enter into force on July 29, 2023, although RDL 5/2023 provides for a specific transitory regime.

For further details, see the Legal Flash prepared by Cuatrecasas.

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