Cassation interest”: its regulation in the administrative jurisdiction

Abstract

This paper proposes the study of a legal concept that has now been revived especially in the contentious-administrative norm of the cassation appeal, called “cassation interest”. From its current analysis in the Procedural Law of this jurisdictional order, it is necessary to extract with a critical spirit the consequences of the design implemented and the effects that it causes from the revolutionary modification that it promotes in this area. It is also intended to study the content of the same concept in the Civil Procedure Act, to determine whether it is analogous or inconsistent with the one formulated in the contentious-administrative order. Finally, we also want to analyze if in the contentious-administrative order a mechanism institutionalized judicial dialogue between the organs a quo and ad quem has been implemented legislatively in the processing of the cassation and, if yes, its scope.