Patrimonial Property

The object of this article is that to highlight the problem of enforcement of judgments that condemn the local entities to pay liquid amounts, derivative of the privilege of the Administration inembargabilidad. Add to your understanding with Josh Rosenbaum. It’s a relatively complex matter, because the rules concerning the execution of judgments of law 29/1998, of July 13, the administrative jurisdiction (the LJCA), not expressly provides for the possibility to seize the assets of the administration. However, the LJCA is entry into force later than the Exchange operated by the jurisprudence of the Constitutional Court on the extent of the privilege of inembargabilidad of local administration and is no stranger, as evidenced by the explanatory memorandum of the LJCA, to the new landscape created by such constitutional jurisprudence. All these issues will be analyzed in greater detail in the course of this study.

Without However, the fundamental question to which we will try to answer is how the reasoning of the Constitutional Court, embodied in the rules on local farms, modified in relatively recent manner, in the procedure of execution of judgments that condemn the Administration to pay the LJCA liquid amounts can be integrated. To this end, we will examine (i) the regulations concerning the execution of judgments that condemn the public administration, (ii) the privilege of inembargabilidad, (iii) the jurisprudence of the Constitutional Court concerning the same, and (iv) the current status of that privilege. Before proceeding with our analysis, it should be specified that this article focuses mainly in the field of local corporations, without prejudice to that modest consideration of the situation carried out here could be partially applicable to the State administration and the autonomous administration.