The validity in time of the unification judgments, and the jurisprudential changes in the administrative contentious jurisdiction: a matter under construction

Abstract

Introduction: With the consolidation of jurisprudence as a formal source of our system of sources, the need has been generated to specify the effects over time of the unification sentences and the jurisprudential changes, so that the tensions between the legal certainty and material justice. Objective: can be harmonized which means defining whether the issuance of a unification sentence or the realization of a jurisprudential change have effects in the future prospective effect, or if the effects are of immediate application to administrative processes or judicial in progress-retroactive effect; Faced with this legal dilemma, the jurisprudence of the Contentious Administrative Jurisdiction has been addressing this problem, in the absence of legal regulation and the lack of analysis by the doctrine. Method or Methodology: a descriptive analysis of the decisions of the Contentious Administrative Jurisdiction that have addressed the problem under study is carried out, to start from there, infer or deduce some rules that underlie the studied decisions. Results and conclusions: ending with an analysis critical of some of them, proposing alternatives to reconcile the principles of legal security and material justice.