¿Por qué los particulares litigan en la Contraloría? La potestad dictaminante como foro de resolución de disputas

This paper examines the interpretive power of the Off ice of the Comptroller-General as a forum for dispute resolution between public administration and private parties. It examines four features of this power that enable us to assess it as an alternative to judicial review. First, the distinctive combination of impartiality and expertise is discussed. Secondly, the lesser hurdles to legal remedies against unlawful administrative action are analysed. Thirdly, the use of more flexible and informal decisionmaking procedures in comparison to the judicial ones is considered. Finally, the weak final character of the Comptroller's rulings is examined, considering that they are not binding for the courts.