La calificación de los vicios de los reglamentos

Abstract

The starting point of the article is the observation of a continuity in the successive legal regulations of the vices of the administrative regulations. It is then possible to address the diversity of doctrinal and case law interpretations produced on such regulations. Whereas it was initially admitted the same scale of vices for administrative regulations than for administrative acts (i.e. classifying vices into non-invalidating vices, vices of anullability and vices of nullity), the thesis that has prevailed is that any vice of an administrative regulation turns it null and void. The significance of such shift in the doctrine is emphasized by the inadvertent change in case-law concerning similar regulations. The article concludes by explaining the reasons that should lead us to give preference to the traditional gradual theses.