The Administrative Procedure in Exceptional Situations

ABSTRACT

In exceptional situations, certain modulations of the rules that ordinarily govern the administrative procedure may be essential in order to respond quickly to a specific danger. During the coronavirus pandemic, the participation of judicial bodies in the procedure for the adoption of general health provisions to deal with the public health crisis has transformed the administrative procedure into a debatable mixed regulatory procedure of an administrative and judicial nature. This work analyzes, on the one hand, the content of the different measures adopted by the health authorities in procedural matters;and, on the other hand, the effective limits and legal controls that must be instituted to avoid, as far as possible, the temptation to abuse the Law of the exception.