Legal news blog
Arranz Abogados

New criteria for contentious cassation


The approval of Organic Law 7/2015, of July 21, has meant the radical transformation of the contentious-administrative cassation appeal, the most important procedural instrument that our legal system has to make effective the principles of equality and legal certainty in the framework of the actions of public administrations.

The basic axis of the reform focuses on the replacement of the parameter of the economic amount of the process, until now used to delimit the degree of access to the Supreme Court, with the so-called objective cassation interest for the formation of jurisprudence, as an open concept whose determination will serve the High Court to adequately select the matters that deserve its ruling based on the usefulness that it may represent for the general legal community, thus avoiding that, as has happened until now, this intervention occurs in those disputes that, despite their high economic entity, lack that general significance, and at the same time allowing those that do have it to be examined in cassation despite their small amount.

This change has also been accompanied by the transformation of the procedure that supported the previous appeal, which together with the above will require a significant degree of adaptation effort from those who are affected by the reform in one way or another.