Art. 6 CEDU e “giusto” processo amministrativo nell’ordinamento spagnolo

This article analyzes the impact of the principle of “fairtrial”, as provided for in Article 6 ECHR, on both the Spanish administrative procedure and the jurisdicción contencioso administrativa. Specifically, after having given an overview over the incorporation process of the ECHR in Spain, it underlines some of the main critical problems of the Spanish administrative system in the light of Article 6 ECHR. Among others, the article focuses on the questionable “filter” of admissibility of the recurso de casación contencioso administrativo, which reduces the possibility of access to the last degree of justice. In addition, it analyzes the problems relating to the conventional guarantees regarding administratives anctions during the procedure carried out by the public authority and the subsequent administrative trial.