Recent Judgement of 23 February 2010 the Third Chamber of the TS again cast doubt on the scope and budget of the revocation administrative acts under Article 105 of Act 30 / 1992 (LRJPAC). Alguns
authors (Pastor Santamría ) and recently own Advisory Council Madrid, etienden that the revocation of 105 permits that, revoación adverse administrative actions for the citizen; revoación declared on the basis of chance legality or at the request of the injured or acting ex officio. According to the above, the revocation procedure would take place separately from the stringent requirements for the "official review" (especially the relevant Advisory Board's opinion).
In Dovers actions have followed this doctrine (supported by some minor and some decisions juriprudencia Council of State). Especially when it came to replace "impossible" situations in which the time for regular resources had already expired. In some cases, action has been successfully without further ado that a recall petition based.
However, the quoted ruling throws - in my opinion - doubts about the said doctrine, for in some way, as second FJ, seems to imply - it is not clear - that the revocation of acts only and spopsible via the demanding process of the automatic review LRJPAC Article 102, a procedure that requires the prior pronuniciamoento Advisory Council concerned. The truth is that it is not clear, because in the second aprte of his argument, it referred to Article 105 and the possibility to reverse adverse events without further ado that the consultation of the public.
Finally, sperm to see how the application itself deserves jusirprudencia and what that resolution.
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