Administrative Review Research Articles

The Role of Pediatric Health-care Providers in Promoting Students' Asthma Health.

The Role of Pediatric Health-care Providers in Promoting Students' Asthma Health.

Characteristics of nursing and allied health student placements in the Northern Territory over time (2017-2019) and placement satisfaction.

Assess nursing and allied health student satisfaction with their remote Northern Territory integrated learning placement and consideration of future rural/remote work Describe the characteristics of these students Examine changes in student characteristics over time. A cross-sectional survey of students and a review of student placement data. Northern Territory, Australia. Former students having a work integrated learning placement of more than 1week in the Northern Territory from 2017 to 2019. Agreement with the statements 'This placement has encouraged me to consider living and working in a rural or remote location after I graduate' and 'Overall, I was satisfied with my placement.' The administrative record review examined student numbers, and placement length over time. A total of 341 students responded to the online survey. Overall satisfaction with the placement was very high (93%), and 84% agreed/strongly agreed that the placement had encouraged them to consider working in a rural or remote setting. High-quality clinical supervision and educational resources were associated with overall placement satisfaction. Overall placement satisfaction, prior interest in working remotely and satisfaction with educational resources were associated with consideration of working remotely. The number of students having a placement increased by 29% in 2017 to 2019. The number of placement weeks also increased (35%). The number/placement time of nursing and allied health students has increased in the NT. Satisfaction with remote work integrated learning placements is an the important pathway to growing a local health professional workforce in remote and rural settings.

Viral lower respiratory tract infections—strict admission guidelines for young children can safely reduce admissions

Viral lower respiratory tract infection (VLRTI) is the most common cause of hospital admission among small children in high-income countries. Guidelines to identify children in need of admission are lacking in the literature. In December 2012, our hospital introduced strict guidelines for admission. This study aims to retrospectively evaluate the safety and efficacy of the guidelines. We performed a single-center retrospective administrative database search and medical record review. ICD-10 codes identified children < 24 months assessed at the emergency department for VLRTI for a 10-year period. To identify adverse events related to admission guidelines implementation, we reviewed patient records for all those discharged on primary contact followed by readmission within 14 days. During the study period, 3227 children younger than 24 months old were assessed in the ED for VLRTI. The proportion of severe adverse events among children who were discharged on their initial emergency department contact was low both before (0.3%) and after the intervention (0.5%) (p=1.0). Admission rates before vs. after the intervention were for previously healthy children > 90 days 65.3% vs. 53.3% (p<0.001); for healthy children ≤ 90 days 85% vs. 68% (p<0.001); and for high-risk comorbidities 74% vs. 71% (p=0.5).Conclusion: After implementation of admission guidelines for VLRTI, there were few adverse events and a significant reduction in admissions to the hospital from the emergency department. Our admission guidelines may be a safe and helpful tool in the assessment of children with VLRTI.What is Known:• Viral lower respiratory tract infection, including bronchiolitis, is the most common cause of hospitalization for young children in the developed world. Treatment is mainly supportive, and hospitalization should be limited to the cases in need of therapeutic intervention.• Many countries have guidelines for the management of the disease, but the decision on whom to admit for inpatient treatment is often subjective and may vary even between physicians in the same hospital.What is New:• Implementation of admission criteria for viral lower respiratory tract infection may reduce the rate of hospital admissions without increasing adverse events.

An Empirical Study of the Frequency and Distribution of Judicial Review in Resolving Public Procurement Disputes Within the UK: Proposals for Legal and Policy Reform

Unlike other EU Member States, existing studies on public procurement challenges in UK local government lack empirical analysis. The Law Commission has identified this as an area for review. Little is known about the frequency and distribution of such challenges within the UK. Consequently, observations made on the number of procurement disputes actually leading to judicial review applications are speculative. This article, for the first time, generates new empirical data on the subject and makes reform recommendations. Using data elicited from nearly 400 local government bodies, the national and regional frequency and distribution of such challenges is illuminated for the first time. Glaring inability by Local Government bodies to retain and retrieve data pertaining to Local Government procurement was revealed by the study; the frequency and distribution of challenges was seen to vary widely across different UK regions; the number of challenges has risen significantly following 2009 law and policy reforms (rather than reduce); and the insights generated in the article will support the Law Commission’s call for further study of internal administrative review systems within public bodies so the connection between administrative justice and those seeking natural justice in procurement disputes is better understood. judicial review, local government, public procurement, freedom of information, policy reform.

Abstract PD5-05: Including a 21-gene assay recurrence score in multivariable predictive model generation improves prediction of local recurrence after breast conserving surgery for ductal carcinoma-in-situ

Abstract Introduction Accurate prediction of local recurrence (LR) after breast conserving surgery (BCS) for ductal carcinoma-in-situ (DCIS) is crucial to personalize recommendations for adjuvant radiotherapy (RT). The 21-gene recurrence score (RS) predicts for distant metastases for woman with invasive breast cancer. We hypothesised that the RS could improve prediction of LR after BCS for DCIS. Methods We performed a population-based analysis of 1226 woman aged ≤74 treated with BCS ± RT for pure DCIS. Expert pathology review was obtained for all cases, as was the RS. Treatment and outcomes were obtained by deterministic linkage to administrative databases and chart review. Clinico-pathologic features obtained included: age, tumor size, nuclear grade, presence of comedonecrosis, multifocality, margins, and adjuvant radiation. The outcome assessed was local recurrence by 10 years from diagnosis of DCIS. The LR prediction model was developed using multivariable Cox regression, where a non-parametric approach was implemented to estimate the baseline hazard function. The proportional hazards assumption was assessed and time-interaction terms were included with each covariate in the model. Models were ranked based on c-statistic, log-likelihood estimate, and Akaike information criterion (AIC). Backward selection was used to obtain the final reduced model with time-interaction terms. Calibration for the best model was examined by grouping predicted 10-year risk of LR into deciles and plotting against observed 10-year risk of LR based on mean Kaplan-Meier estimates. Internal validation was performed by bootstrapping. Results Of the 1226 woman included, 514 were treated with BCS alone and 712 received adjuvant RT. Median follow up from time of treatment was 16 years (interquartile range (IQR): 14-18). The median age was 56 years (IQR: 49-64). Margins were negative in 90.5% of cases. Tumor size was ≤1cm in 430 (35.1%), 1-2.5cm in 633 (51.6%), and &amp;gt;2.5cm in 163 (13.3%). The median RS was 15 (IQR: 8-30) and the mean RS was 21.37 (SD 18.93). The best predictive model included the RS and had a c-statistic of 0.68 as well as the lowest AIC. This model included the following variables: RS, age, tumor size, nuclear grade, margin status, comedonecrosis (≤30% vs higher), multifocality, and treatment (BCS vs BCS+RT); it also included the following interaction terms: treatment and time, RS and time, comedonecrosis and time, and treatment and tumor size. Due to the non-linear relationship between certain characteristics and the risk of LR, quadratic terms for RS and age were also included. This model was well calibrated overall, especially in the lower risk range around the 10% risk threshold. It was also well calibrated in this risk range in the subset of woman who were treated with BCS alone. Conclusion The best performing model generated to predict LR after BCS for DCIS includes the RS. Work is ongoing to compare RS and the 12-gene DCIS score in terms of prediction of LR, as well as prediction of invasive LR specifically. This work can help guide future clinical de-escalation trials by better identifying woman with truly low risk of LR after BCS for DCIS. Citation Format: Ezra Hahn, Rinku Sutradhar, Sumei Gu, Lawrence Paszat, Danielle Rodin, Sharon Nofech-Mozes, Cindy Fong, Eileen Rakovitch. Including a 21-gene assay recurrence score in multivariable predictive model generation improves prediction of local recurrence after breast conserving surgery for ductal carcinoma-in-situ [abstract]. In: Proceedings of the 2020 San Antonio Breast Cancer Virtual Symposium; 2020 Dec 8-11; San Antonio, TX. Philadelphia (PA): AACR; Cancer Res 2021;81(4 Suppl):Abstract nr PD5-05.

Administrative Review Provisions in Chinese Investment Treaties: ‘Gilding the Lily’?

Abstract Despite the popularization of investor-state arbitration (ISA), administrative review remains a helpful local remedy for investment-state dispute settlement (ISDS) in some states. China has a complicated and comprehensive legal system of administrative review. It has concluded a large number of international investment agreements (IIAs), and nearly half of them contain an administrative review provision. These provisions could be considered as an expropriation review mechanism, a standalone ISDS option, an ISA supporting measure or a pre-ISA requirement. Given that administrative review has legal and practical limits, and that China’s national law on dispute settlement and foreign investment governance keeps changing, the attractiveness and significance of administrative review for ISDS are diminishing. In China’s recent IIA-making, there appears an emerging trend of abandoning administrative review. In the long run, it remains to be seen how China will balance local remedies and ISA in IIA-making and foreign investment governance in the future.

Issues related to notaries public’s offices in selected Galician law journals

The article deals with the issue of the informative value of Galician law journals in research on the history of notaries public in the years 1871–1914. The text presents the analysis of such titles as „Kwartalnik Stowarzyszenia Kandydatów Notarialnych w Krakowie”, „Prawnik”, „Przegląd Sądowy i Administracyjny”, „Urzędnik w Połączeniu z Prawnikiem” [“Quarterly of the Association of Notary Candidates in Krakow”, “Lawyer”, “Judicial and Administrative Review”, “The clerk combined with the lawyer”]. A large part of their content was devoted to texts on the notary public’s services. The continuity, cyclicality and quality of published materials are noteworthy, as they provide opportunities for research on the professional group of notaries, especially with the use of an ego-documentary perspective.

Administracyjnoprawne środki zaskarżenia decyzji w sprawach z zakresu ubezpieczeń społecznych

In proceedings in social insurance cases, the system of appealing of decisions is based on a noncompetitive system of verification of decisions with the use of ordinary legal remedies. Due to the model of of appealing of decisions in the proceedings before the common court adopted in Article 83 act 2 of the SysUbSpołU, the possibility of the right to an administrative appeal was excluded, as well as the right to a complaint to an administrative court. However, this is not an absolute exclusion. Article 83 act 4 of the SysUbSpołU repealed the formula of a judicial appeal in favour of the construction of an application for reconsideration of the case and, as a further consequence, a complaint to an administrative court in particular categories of cases. The methodology and systemic coherence of such a procedure, the legal nature of the application for reconsideration of the case, as well as the legitimacy of excluding the option of legal protection in the proceedings before the common court in favour of the administrative court review remain to be considered.

Administrative Adjudicators' Extrajudicial Statements

The appropriate scope of federal and state judges’ extrajudicial speech has long been the subject of vibrant debate; administrative adjudicators’ extrajudicial speech has received far less attention. To the extent that it has, commentators have concluded that the ethical restraints on administrative adjudicators should largely resemble those constraining their brethren situated in courts. Commentators also seem to have assumed that administrative adjudicators themselves would judge their own statements in light of general codes of judicial conduct (often developed by professional groups), much like members of the federal and state judiciaries do. But during the Trump Administration, the Department of Justice’s Executive Office of Administrative Review instituted a policy that broadly prohibited immigration judges from publicly sharing their views. To effectual this policy, immigration judges were made subject to a preclearance review regime, requiring them to obtain permission from agency supervisors before they could speak on issues regarding immigration. This paper presents a comparative analysis of agencies and courts along seven dimensions relevant to the propriety of extrajudicial speech: (1) disqualification standards and costs of recusal, (2) nature of the interests adjudicated, (3) nature and scope of review to which adjudicators’ determinations are subject, (4) relationship between adjudicators and agency officials, (5) adjudicators’ obligations of institutional loyalty, (6) separation of powers concerns, and (7) degree of reliance upon litigants’ and the public’s acceptance of the judgments rendered in the adjudication. From this analysis, the paper draws two conclusions. First, the ethical norms of administrative adjudicator extrajudicial speech should not dramatically differ from those applicable to their brethren serving on courts. The differences between the agency and judicial contexts cut in different ways. Thus, on balance the differing contexts do not suggest the need for significantly different norms. Second, while a regime that largely relies on judges selecting their own philosophies regarding extrajudicial speech within a broad range of choice is tolerable in federal and state judicial systems, agencies should be able to take a more pro-active role. Agencies should be allowed to place less reliance on individual adjudicators’ choices and establish a framework that accords administrative adjudicators a more limited range of discretion than court systems, particularly the federal court system, typically confer upon judges.

Praworządność a zakres interpretacji norm ustawowych w procesach kontroli sądowoadministracyjnej. Uwagi na tle zjawiska „prawotwórstwa” sądów administracyjnych

The rule of law, as stipulated in article 7 of the Constitution of the Republic of Poland, is one of the fundamental principles shaping the functioning of public administration in the Republic of Poland. Legality of the functioning of public administration is also accepted as the basic criterion of judicial and administrative review of the actions taken by the administration. However, judgments of administrative courts often go outside the boundaries of findings that could be made based on linguistic interpretation of legislative provisions, by referring to the rules of the legal system, including in cases where no doubts exist with regards to the interpretation of provisions. The aim of this paper is to offer insight into the basis and nature of doubts encountered with regards to the admissibility of the use of non-linguistic interpretation by administrative courts where the use of such interpretation does not appear to be required.

Bank Supervision and Administrative Law

This article presents a systematic consideration of how administrative law doctrines apply to banking supervision, an unusual form of administrative practice. First, it describes the rationales for, and process of, bank supervision. Key here is an explanation of why financial regulation that is optimal in a narrow efficiency sense includes a supervisory function entailing considerable discretion. The relative opacity of some important features of this administrative practice has made it difficult for legal scholars to obtain a sufficiently informed understanding of the process to evaluate it against relevant legal norms and standards. Second, the article uses recent administrative law arguments lodged by banking interests against key supervisory practices as the springboard for an analysis of how our largely “trans-substantive” administrative law can be problematic in the context of specific mandates given by Congress to administrative agencies. It argues that courts considering how administrative law doctrine applies to agency practices must consider more fully the substantive law the underpins the mission and organization of the agency. In the context of banking supervision, Congress has regularly included in its amendments to banking law clear acknowledgement of the supervisory function, and has at times created expectations for how that function will advance safety and soundness regulation. When these statutory provisions are taken appropriately into account, arguments that supervisory practices are consistent with administrative law requirements are considerably strengthened. Third, the article demonstrates how even a more tailored application of contemporary administrative law doctrines would miss a critical feature of banking supervision – that it is premised on an ongoing relationship between banks and supervisors. Judicial review of agency action usually focuses on discrete agency actions, thereby eliding this critical fact. As a result, administrative law doctrines such as the “practically binding” test for agency guidance peculiarly inapposite. The last part of the article offers a tentative proposal for shifting the administrative law review of supervisory actions to focus on the iterative nature of the supervisory relationship.

Administrative Constitutional Review in Sweden: Between Subordination and Independence

The article examines the power of administrative bodies to assess the constitutionality of legislation (‘administrative constitutional review’), taking examples from Swedish public law. The Swedish constitution explicitly requires all public bodies to engage in administrative constitutional review when necessary. In this way, Swedish administrative authorities have the right and duty to act as guardians of the rule of law. This competence relates to the historical development of Swedish public law, which deviates from most other European constitutional systems by organizing all state administrative authorities as separate public organs detached from the Government and the ministries. The Swedish constitutional obligation is parallel to EU law requirements on national administrative organs to set aside national legislation in conflict with directly applicable EU law (‘the Costanzo obligation’). Against the background of practical examples in Swedish law, the article identifies theoretical and practical challenges for administrative bodies to engage in constitutional review. These include the risk of disturbing constitutional structures by putting lower administrative authorities on par with the parliament. The possible problems of lack of legal expertise and the problem of independence in practice are also discussed. At the same time, the concept of administrative constitutional review has a potential to protect the constitutional system, including the fundamental rights of individuals. administrative constitutional review, separation of powers, rule of law, administrative independence, Swedish administrative model, Costanzo

Official controls on food safety: Competent Authority measures.

Since December 14th, 2019, Regulation (EC) No 882/2004 has been replaced by Regulation (EU) 2017/625, which sets the activity of the official control on food safety, extending the scope of the previous regulation. The broader scope of the new regulation aims to ensure compliance across the European Member States in the Union in the fields of food, feed, animal health and welfare, plant health and plant protection products. The administrative measures that the Competent Authorities adopt following the finding of a non-compliance regarding food hygiene, should be take into account not only the risk assessment, but a series of criteria dictated by both European and national legislation and comply with the generals principles governing administrative action. The aim of this study is to conduct a legal analysis of: (i) the provisions set out in Regulation (EU) 2017/625 concerning executive actions in the case of noncompliance, and (ii) the criteria used to assess the appropriate remedial measures. The study was completed by analysing recent legal cases on food safety, which in many cases have censure the work of the Local Competent Authority, and has brought to light a distorted and uneven application of the legislation on food safety, especially in cases in which drastic measures had been adopted, such as the closure of the productive activities, which has a heavy impact on the food business operators in the food sector concerned. In addition to an incorrect application of the specific health legislation, there is also a violation of the principle of proportionality, of community origin. Indeed, the principle of proportionality, an essential factor in administrative review, which has been used as a leading criterion in the adoption of administrative measures by of the Health Authorities of the Competent Authority.

Between the Agency and the Court: Ex Ante Review of Regulations

Abstract Administrative regulations are an important tool of modern government, but their legitimacy is often questioned since they are adopted by the executive branch rather than the legislature. Judicial review of the legality of regulations is necessary but not sufficient as an accountability mechanism because judicial review is subject to many practical and legal shortcomings, especially including its high cost. Consequently, the vast majority of regulations are never subject to judicial review, which creates an accountability deficit. This deficit can be remedied through ex ante administrative review of the legality of regulations by an executive branch agency that is independent of the adopting agency. This Article evaluates executive branch ex ante legality review schemes in California, Chile, Israel, and France. Although these regulatory review schemes vary greatly, each of them scrutinizes the substantive and procedural legality of regulations (as distinguished from their economic or environmental effect or their political acceptability). This review takes place before the regulations are judicially reviewed and before they become effective. Ex ante administrative review can compensate for the failings of judicial review, promote the rule of law, and enhance the legitimacy of the regulatory process.

The Impact of Surgical Team Familiarity on Length of Procedure and Length of Stay: Inconsistent Relationships Across Procedures, Team Members, and Sites

Team familiarity has been shown to be important for operative efficiency and number of complications, but it is unclear for which types of operations and for which team members familiarity matters the most. The objective of this study is to further our understanding of familiarity in the OR by quantifying the relative importance of familiarity among all possible core team dyads, and defining the impact of team level familiarity on outcomes. Using a retrospective chart and administrative data review, five years of data from two health systems (14 hospitals) and across two procedures, (knee arthroplasty and lumbar laminectomy) were included. Multilevel modeling approach and a dominance analysis were conducted. For each previous surgery that any two members of the core surgical team had participated in together, the length of surgery decreased significantly. The familiarity of the scrub and the surgeon was the most significant relationship for knee arthroplasty across the two hospitals, and laminectomies at one hospital. The relationship between familiarity of the surgical team and surgical efficiency may be more complex than previously articulated. Familiarity may be more important for certain types of procedures. The familiarity of certain dyads may be more important for certain types of procedures.

Placenta Accreta Spectrum: In Vitro Fertilization and Non-In Vitro Fertilization and Placenta Accreta Spectrum in a Massachusetts Cohort.

The incidence of placenta accreta spectrum (PAS) has been increasing in the United States. In addition, there has also been an increase in the utilization of in vitro fertilization (IVF). The IVF pregnancies confer an increased risk of adverse obstetric and neonatal outcomes, but there is limited data on whether IVF is associated with PAS. The aim of this study is to assess the association between IVF and the risk of PAS. This was a retrospective cohort study of deliveries from January 1, 2013 to August 1, 2018 at a tertiary hospital in the Massachusetts. IVF pregnancies were compared with non-IVF pregnancies, and PAS diagnosis was confirmed by histopathology reports. Hospital administrative data and medical record review were used, and supplemented with data from birth certificates from the Massachusetts Department of Public Health. We identified 28,344 pregnancies that met inclusion criteria, of which 1,418 (5.0%) were IVF pregnancies. The overall incidence of PAS was 0.4% (2.2% in the IVF group and 0.3% in the non-IVF group). Women who underwent IVF had 5.5 times the risk of PAS (95% confidence interval [CI]: 3.4-8.7) compared with women in the non-IVF group, adjusted for maternal age, nulliparity, and year of delivery (Table 5). Compared with women in the non-IVF group, the IVF group had fewer prior cesarean deliveries (22.6 vs. 64.2%) and a lower prevalence of placenta previa (19.4 vs. 44.4%). Women with an IVF pregnancy carry an increased risk of PAS compared with non-IVF. Among women who underwent IVF, there was a lower prevalence of prior cesarean deliveries and placenta previa. Future work is needed to identify the mechanism of association for this increased risk as well as a reliable tool for antenatal detection in this cohort of women. · IVF pregnancies have higher risk of PAS than non-IVF pregnancies.. · IVF pregnancies with PAS do not exhibit common risk factors.. · IVF may be an independent risk factor for PAS..

Análise da eficiência dos gastos públicos com educação nos municípios capixabas

O objetivo deste artigo é o de analisar a eficiência dos gastos públicos com educação nos municípios do estado do Espírito Santo. Para isto, utilizou-se uma metodologia descritiva, pautada em uma abordagem quantitativa, por meio da aplicação do modelo BBC, com retorno variável de escala e orientação para o produto, da Análise Envoltória de Dados (DEA). Considerou-se, como insumos, o gasto médio com educação per capita e o PIB per capita e, como produto, a nota municipal no Índice de Desenvolvimento da Educação Básica (IDEB), de 2017, para os anos iniciais do Ensino Fundamental. Construiu-se um ranking de eficiência que pode ser utilizado para avaliar os impactos do uso dos recursos orçamentários de cada município e constatou-se que apenas 8,6% obtiveram eficiência máxima. Conclui-se que, para os municípios analisados, os gastos com educação não implicam, necessariamente, em eficiência na área e sugere-se que seja feita uma revisão administrativa dos meios de distribuição de recursos nos municípios do estado.

Characterizing female patients with haemophilia A: Administrative claims analysis and medical chart review.

Haemophilia A (HA) is a male-predominant disorder, yet women and girls can have factor VIII (FVIII) deficiency with bleeding events requiring treatment. This study aimed to identify and characterize female patients with HA. Administrative claims dated 01 January 2012-31 July 2016 were accessed for patients with 18months' coverage by commercial or Medicare Advantage with Part D insurance. Patients were included by HA diagnoses or treatments and/or bleeding-related diagnoses or procedures, and excluded by haemophilia B or qualitative platelet disorder diagnoses. A sample of charts was examined for bleeding history, HA therapies and bleeding treatments. All-cause healthcare utilization and costs were also described. Among 353 patients meeting initial inclusion criteria, 86 charts were procured, with 8 patients identified as having HA. Their mean age was 60±17years and most were Medicare-insured. The mean Charlson Comorbidity Index score was 2.50±2.56; the most prevalent comorbid conditions involved coagulation/haemorrhage, fluid/electrolyte balance and non-traumatic joint disorders. Over 18months, a mean of 54 ambulatory visits and 120 pharmacy fills were observed; mean medical costs were $86694 and pharmacy costs were $25396. Identifying females with HA is challenging using healthcare claims, because diagnostic nomenclature is unclear for female patients treated for bleeding events. Although chart abstraction enhanced claims data, very few female patients were identified with HA. Nevertheless, even in a small sample, sizeable burden in comorbidity and healthcare use was observed. Improved nomenclature and coding for HA diagnoses for women and girls is key to improving research and treatment.

Criminal Consequences and the Anti-Injunction Act

The United States Supreme Court has made clear that no litigant should have to choose between asserting his legal rights and risking prosecution. That is not so for certain challenges to Treasury regulations. Information reporting regulations are enforced through civil penalties and criminal liability. Because those civil penalties count as taxes under the Internal Revenue Code, courts have interpreted the Anti-Injunction Act to bar review of information reporting regulations until a prospective litigant violates the regulation, incurs a penalty, and sues for a refund. But intentionally violating such regulations puts the litigant in jeopardy of criminal prosecution. A would-be challenger thus finds himself in the very dilemma the Supreme Court has deemed intolerable. In this Essay, I argue that the Anti-Injunction Act’s no alternative avenue exception, properly understood, applies when a litigant must risk prosecution to seek judicial review. I also explain why the Anti-Injunction Act’s core purpose—facilitating the efficient collection of tax revenue—is not implicated by information reporting regulation challenges. This issue may soon make its way to the Supreme Court in CIC Services, LLC v. IRS, a case with a pending petition for a writ of certiorari. Time will tell whether the Supreme Court is ready to do away with one more “approach to administrative review good for tax law only.” Mayo Found. for Med. Educ. & Research v. United States, 562 U.S. 44, 55 (2011).

La función de la declaración de lesividad en el cauce revisor del art. 107 LPACAP

Section 107 of Spain’s Public Administrations’ General Administrative Procedural Act contemplates the so-called system of harmfulness for the review of relatively void favourable administrative acts, in which review powers are attributed to the Administrative litigation Jurisdiction. Although this system is a historic institution of Spanish administrative law, until now, little attention has been dedicated to the role of the declaration of harmfulness for the public interest within the aforementioned system. I.e., in this system, ?why does the Administration have to declare that its acts are harmful to the general public interest prior to their judicial impugnation? The research conducted addresses this issue, concluding that the role of the declaration of harmfulness for the public interest is linked to the implementation of Section 110 of Spain’s Public Administrations’ General Administrative Procedural Act («limits of administrative review powers») in the aforementioned system for reviewing administrative acts.