Constitutional Jurisdiction and Contentious-Administrative Jurisdiction in the Resolution of Positive Conflicts of Competence

By Ángel Gómez-Montoro (University of Navarra)

The decision 88/1989 of the Constitutional Court, based on a positive conflict of competence, has raised the question of the relationship between constitutional and contentious-administrative jurisdiction in this type of proceedings. More specifically, it arises whether it is an exclusive competence of the Constitutional Court or if, on the other hand, the contentious-administrative courts also resolve the material conflicts of jurisdiction, in this case, the criteria for the correct articulation of both Jurisdictions. In this paper is defending the constitutional dimension of any territorial conflict of competences between the State and Autonomous Communities or between them and, therefore, the monopoly of the Constitutional Court for its resolution is defended. They also point out the problems that this option entails and the ways of a solution that prevents the lack of protection of those who may be affected by an administrative decision vitiated by incompetence and who, however, lack the legitimacy to go to the Constitutional Court.

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