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Home » Archive » A comparison with the spanish regulation of administrative procedures

Luis Ortega
A comparison with the spanish regulation of administrative procedures
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The emergence of due process requirements in Spain is neither a recent phenomenon, nor one that depends mainly on the influence played by European institutions, unlike other parts of the national administrative system. Nor is it directly related to the increasing activism of government. Indeed, between the end of the Nineteenth century and 1975, the legislative regulation of administrative procedures aimed at preserving citizens’ rights and interests and thus ensured the legality of the administrative process. Only later have different views of administrative procedures been accepted, including particularly those views emphasizing interest balancing. Only after the Constitution of 1978 was adopted, moreover, have administrative procedures been considered as instruments for achieving citizens’ participation. The renewed attention for procedures in terms of accountability of public bodies and the impact of new technologies are the most recent trends that emerged in the last twenty years.

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