Abstract

MAYER-SERRA, Carlos Elizondo  and  PEREZ DE ACHA, Luis Manuel. A New Right or Weaking of the State? Guarantee of Prior Audience in Expropriation. Cuest. Const. [online]. 2009, n.21, pp.99-147. ISSN 1405-9193.

Expropriation was one of the central tools used by the post revolutionary governments. There were diverse abuses, mainly because it was not possible the use of the guarantee of prior audience established in the article 14. Without this criteria it would have been impossible the nationalization of petroleum and of the banking system. Nevertheless, at the beginning of 2006, the Supreme Court enacted criteria in which it says all expropriations must give the owners the guarantee of prior audience. The author, thereby, anatyzes the reasons and implications of such situation, giving special emphasis to the circumstances around it.

Keywords : Prior Audience; Social Guarantees; Expropriation; Administrative Courts; Judicial Courts.

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