UN ANÁLISIS ECONÓMICO DE LA JURISDICCIÓN CONTENCIOSO-ADMINISTRATIVA: EL EFECTO DEL NUEVO CRITERIO DE COSTAS Y LAS TASAS JUDICIALES

In recent years, litigation in the jurisdiction for suits under administrative law has been affected by two major legal reforms: a change in the criterion that determines the allocation of trial costs (fee-shifting rules) in 2011 and the extension, for the first time, of the payment of court fees to...

Full description

Saved in:
Bibliographic Details
Published in:Papeles de economía española 2017-01 (151), p.88
Main Authors: Martínez-Matute, Marta, Mora-SanguinettiMarta, Juan S
Format: Article
Language:Spanish
Subjects:
Administrative law
Cost shifting
Courts
Econometrics
Economic analysis
Economic theory
Fees & charges
Impact analysis
Jurisdiction
Legal reform
Litigation
Sanctions
Urbanism
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:In recent years, litigation in the jurisdiction for suits under administrative law has been affected by two major legal reforms: a change in the criterion that determines the allocation of trial costs (fee-shifting rules) in 2011 and the extension, for the first time, of the payment of court fees to individuals in 2012. This article studies the effects of both reforms on the litigation rates of that jurisdiction and on the congestion of its courts for both the total number of new conflicts and when we divide those conflicts by subject (ranging from urbanism to sanctions). In order to do this, we compiled a database on the functioning of this jurisdiction by subject, year and province and analyzed its performance using econometric models. This study concludes that the change in the fee shifting rules of 2011 reduced both the number of new conflicts per capita entering this jurisdiction and the congestion rate of the administrative courts. However, the impacts differ by subject. The impact of the adoption of the new court fees, which were implemented in a legal context in which the new feeshifting rule was already in force was, in general, quantitatively lower.
ISSN:0210-9107
2254-3457