The serius legal insecurity derived from the judicial declaration of nullity of the general urban management plans and possible reforms that restore the legal security in urbanism

Authors

  • Jorge Ortíz Ramírez Abogado (Asociado Senior) de Andersen Tax & Lega

Keywords:

planning, nullity, legal security, recognition and remedy

Abstract

Given the continued annulment of general urban planning plans by the Supreme Court and the serious consequences of the declaration of their nullity and expulsion from the legal system, affecting development planning instruments as well as administrative acts of application —instruments of management and licenses—, without being able to correct the defect or preserve the administrative acts executed in its processing and not affected by the nullity reason, it is causing enormous legal insecurity in the sector, which negatively impacts the economic investment for the urbanization of land and subsequent construction, which motivates that it be rethinking the doctrine, jurisprudence and legislator, the normative nature of the plans and begins to take into account its possible configuration as an administrative act, if well not in its entirety, at least in part of its content.

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Published

2023-03-05

How to Cite

Ortíz Ramírez, J. (2023). The serius legal insecurity derived from the judicial declaration of nullity of the general urban management plans and possible reforms that restore the legal security in urbanism. Revista De Derecho Urbanístico Y Medio Ambiente, 54(335), 63–125. Retrieved from https://revista.proeditio.com/rdu/article/view/5630