Mecanismo de control de la legalidad urbanística: la acción pública
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The Spanish legal system is based on the principle of the rule of law which comprises several tools to review the legality of the acts of public administrations. It is useful to compare the standing doctrine required by administrative law courts –the applicant must have “legitimate interest”– with the exercise of the actio popularis which requires only to pursue the restoration of the legality in the interest of the public as a whole. The latter allows individuals and legal entities to review the legality of the acts of public administrations. The actio popularis is a legally recognized tool in several fields of action of public administrations, especially in the urban planning area. In this article I will analyze the distribution of competences between the Central Government and the Autonomous Communities in the urban planning field and the principles of the case-law that are relevant to it.