The Retroactive Effectiveness of Renewal Administrative Acts Practiced in Execution of Annulment Judgments

Abstract

With regard to the execution of judgements annulling renewable acts — namely acts that, after having been annulled, can be practiced again without reoccurring in the defects determining their annulment, normally defects of external legality —, the Administration was allowed to enforce these judgements through the practice of a retroactive renewing act, a retroactive administrative act identical to the annulled act which does not reoccur in the defects determining that annulment. The retroactivity of this act is subject to limitations and can only operate in certain cases. This article proposes to analyze the admissibility of the retroactivity of these acts with the purpose of understanding in which cases it is admissible and whether a more or less restrictive position should be adopted.