Analysis of legislative proposals to mitigate the effects of full-nullity in urban planning instruments

Abstract

The high death rate of urban planning instruments has led to define diferent proposals that improve legal certainty, both of the instruments themselves and of the derivative instruments and related administrative acts, in order to reduce the effects of the declaration of full-nullity, given their condition as general administrative provisions of a regulatory nature. However, these proposals are not innocuous, since they sacrifice the principle of legality and, particularly, the principle of Sustainable and Integrated Urban Development (ISUD) that is incorporated on the TRLSR. This sacrifice should make us to reconsider those proposals and set a new rebalance among both principles, since the effects of violating the ISUD are much more harmful than the eventual benefits that could brought the excessive prioritization of the legal certainty of administrative acts.