La eficacia en el mecanismo de extensión de la jurisprudencia

Abstract

The mechanism of extension of jurisprudence has had several drawbacks in its application, both in administrative and judicial headquarters. In the research article of the reference, through a qualitative methodology, it was possible to analyze if the mechanism of extension of the jurisprudence is effective and meets its purpose of decongestion and application of the principle of equality in cases where the identity is presented factual and legal. To do this, each of the stages that make up the extension mechanism and the obstacles it has had in its implementation were studied, including the conception of jurisprudence as an auxiliary criterion of interpretation and the "train clash" between the State Council and the Constitutional Court. At the end of this, it was deduced that despite the intentions of the legislator in issuing the Administrative Procedure and Contentious Administrative Code, incorporating the summary procedure contained in articles 102 and 269, it has not been possible to fulfill its purpose.